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HomeMy WebLinkAbout2013-0917 Council Agenda PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request fore located new the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 17, 2013 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER 11. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Business Meeting of September 3, 2013 VI. SPECIAL PRESENTATIONS 8r AWARDS 1. Mayor's Proclamation of September 21 as International Day of Peace 2. Report to Council on calls for service in the enhanced law enforcement area VII. CONSENT AGENDA 1. Approval of commission minutes 2. Approval of placing a Lien on a property as a result of weed abatement 3. Authorization to proceed with a contract exceeding $100,000 for the Ashland Rotary Centennial Ice Rink cover VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC §2.04.050}) 1. Public hearing and first reading by title only of three an ordinance titled, "An ordinance amending Chapters 18.08, 18.24.030, 18.28.030 and 18.112 of the COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US Ashland Land Use Ordinance relating to definitions, traveler's accommodations in multi-family residential districts and enforcement associated with transient lodging" 2. Public hearing and first reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 6.04 Business Licenses" 3. Public hearing and first reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 4.24 Transient Occupancy Tax" IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS 1. Plaza booth paint colors XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending Section 2.19 of the Ashland Municipal Code dissolving the Housing Commission and creating the Housing and Human Services Commission" 2. First reading by title only of an ordinance titled, "An ordinance creating a franchise agreement for solid waste management and collection within the City of Ashland and repealing Ordinances 2829, 2582 relating to previous solid waste franchise agreements and terms" 3. Approval of a resolution titled, "A resolution approving a Jackson County Order to Initiate formation of a Jackson County Agricultural Extension Services District and consenting to the inclusion of the City of Ashland within the boundaries of the District" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US Regular City Council Meeting September 3, 2013 Page I of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 3, 2013 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on Commissions and Committees. APPROVAL OF MINUTES The minutes of the Study Session of August 19, 2013 and Business Meeting of August 20, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS - None CONSENT AGENDA 1. Approval of commission minutes 2. Intergovernmental Agreement with Southern Oregon University Research Center for a Road Diet survey 3. Approval of an MOU with Ashland School District and the Ashland Police Department for a School Resource Officer 4. Adoption of a resolution titled, "A resolution setting a public hearing for assessments to be charged against lots within the Schofield and Monte Vista Local Improvement District No. 87" 5. Liquor License Application for Jason Penner dba Stop N Shop Market Councilor Slattery pulled Consent Agenda item #2 and declared a potential conflict of interest regarding the Intergovernmental Agreement with Southern Oregon University Research Center since he worked for the university. Councilor Rosenthal and Marsh pulled Consent Agenda Item #3 for further discussion. Police Chief Terry Holderness addressed funding for the School Resource Officer (SRO) and explained there was a 7- day notice to terminate the agreement in case funding issues or other problems occurred. The SRO would work differently depending on the school. It there was no history of violence in the school the SRO would focus on counseling, traffic problems, and education. The officer would work in partnership with the school district to define duties and interaction in the Middle School and High School. The school district would assign a liaison from each school to work with the officer on program improvements. They would base evaluation of the program on accomplishments and education the officer made with the students regarding civil obedience and rights. Currently Ashland School District was the only community without an SRO. Councilor Rosenthal/Marsh m/s to amend the SRO MOU Section 2 to reflect an end date of June 30, 2015. DISCUSSION: Councilor Rosenthal explained funding might not be available in two years and providing an end date would help in the budget process. Councilor Slattery thought retaining the four-year end date conveyed commitment and support for the program. Councilor Lemhouse voiced concern that it could be a problem if presented as a "add package" in the budget process and noted the Regular City Council Meeting September 3, 2013 Page 2 of 7 importance of the program. Councilor Rosenthal reiterated the possibility that funding might not be available for the full four years. Councilor Slattery did not think having a four-year end date guaranteed funding. Councilor Marsh supported the two-year end date, it would prompt an evaluation of the program. Councilor Voisin expressed support for the date change. Councilor Slattery commented an evaluation would take place annually regardless of the end date. Mayor Stromberg noted the SRO was originally part of staff cut from the budget due to financial problems and the recession. Roll Call Vote: Councilor Rosenthal, Voisin, Lemhouse, and Marsh, YES; Councilor Morris and Slattery, NO. Motion passed 4-2. Councilor Voisin/Slattery m/s to approve Consent Agenda items as amended. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS -None PUBLIC FORUM - None UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. A report on the Mt. Ashland Association's Summer Work Plan and expansion-related activities Engineering Services Manager Scott Fleury explained Engineering Technician Rob Morris had monitored Mt. Ashland Association's (MAA) ski run widening and tree removal. The US Forest Service approved MAA to begin work on the parking lot expansion but not re-contouring the Sonnet ski run. City hired consultants David Evans & Associates reviewed engineered plans from MAA and forwarded their review to the US Forest Service and MAA. The review focused on work regarding the ski slope and did not involve the parking lot because it did not drain into the watershed. The US Forest Service requested MAA incorporate David Evans & Associates' comments into their construction activities to minimize potential of landslide activity, slope destabilization and erosion control issues. The City would have a representative onsite during construction to ensure best management practices were in place for erosion control activities. Ongoing inspections for turbidity in the water due to run off would trigger calling the US Forest Service. Best management practices for erosion control measures adapted to meet the needs of the site. The Water Treatment Plant conducted visual inspections of the dam and forks daily. The engineer for the design plans was professionally liable for incidents. 2. Designation of voting delegate to LOC annual meeting Councilor Lemhouse/Marsh m/s to designate Mayor Stromberg as the voting delegate at the League of Oregon Cities Conference. Voice Vote: all AYES. Motion passed. 3. Council discussion and direction regarding anonymity on Open City Hall City Administrator Dave Kanner explained the new Open City Hall had a default feature that allowed individuals to post anonymous comments. All information posted on Open City Hall was public record and archived. Community Development Bill Molnar added the Planning Department had not used Open City Hall for quasi-judicial action but in the case of a legislative action, comments would be included in the overall record. City Attorney David Lohman agreed it could be part of the record but the question of name and address being part of the record had come up as well. Oregon law did not have a precedent that addressed a public records request for an address from an anonymous comment. City Recorder Barbara Christensen further explained Open City Hall comments were stored differently Regular City Council Meeting September 3, 2013 Page 3 of 7 than entails from the comments to the Council. Mr. Kanner added all comments were public record. Open City Hall was a tool for citizens to provide input to Council regarding specific topics and not a poll. Peak Democracy had some safeguards in place but individuals could use multiple pseudonyms. Councilor Slattery/Morris m/s to direct staff to disable the anonymity feature of Open City Hall on the City of Ashland website. DISCUSSION: Councilor Slattery did not support anonymous comments and thought individuals should identify themselves. Councilor Morris and Marsh supported identifying individuals. Councilor Lemhouse thought people uncomfortable disclosing their names on Open City Hall could email Council individually. Councilor Voisin supported allowing anonymous comments and suggested waiting and removing the anonymous message feature if abuse occurred. The system retained information on anonymous comments. Councilor Rosenthal thought anonymous comments could encourage candid feedback although requiring identification did build credibility. Roll Call Vote: Councilor Morris, Lemhouse, Slattery, Rosenthal and Marsh, YES; Councilor Voisin, NO. Motion passed 5-1. Mr. Kanner noted when a topic closed on Open City Hall staff would summarize and collate the input for Council review. Mayor Stromberg explained the genesis for Open City Hall came from comments he received on the difficulty citizens had turning onto North Main due to one lane of traffic. The feedback did not match actual statistics the Traffic Engineer collected and the Mayor wanted to determine whether the problem was perceptual or related to actual traffic engineering. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week through April, 2014, and repealing Resolution No. 2013-28" City Administrator Dave Kanner explained the proposed resolution would allow dogs in the shelter. The language was similar to the dog provision used in the Emergency Shelter Resolution 2013-04 with one change shown in Section 4. (C) Service dogs are not required to remain in crates but must be leashed while in the shelter. Staff talked to volunteer representatives from Temple Emek Shalom who would provide crates. Mr. Kanner added staff had reserved Pioneer Hall every Thursday night from November 2013 through April 2014 for the shelter. Councilor Voisin clarified the United Presbyterian Church typically hosted the emergency shelter. City Attorney Dave Lohman explained there was potential liability allowing dogs in the shelter as well as liability not allowing service animals per 2010 ADA regulations. Insurance would cover a lawsuit over the deductible. Only two questions were allowed to determine if a dog was a service animal or not. One was whether the individual required an animal due to a disability. The second was what work or task was the animal trained to perform. The federal definition of a service animal was a dog individually trained to do work or perform tasks for a person with a disability. Nothing in the definition required a certification card and per regulations, a person could not ask for certification if the dog had specific training. If a guest stated their dog was a service animal, the volunteer could ask the two questions and nothing more. Oregon law referenced an assistant animal as a dog. Councilor Voisin/Marsh m/s to approve Resolution #2013-30. DISCUSSION: Councilor Voisin explained the other shelters in Ashland allowed dogs and had experienced no problems. Volunteers and guests at the City sponsored shelter signed a non-responsibility and non-liability statement. The Grove allowed dog training weekly without identification and many were troubled dogs. Insurance would cover the City if an incident occurred. Regular City Council Meeting September 3, 2013 Page 4 of 7 Councilor Marsh noted the City now had four months of experience with the shelter and the volunteers had hosted the shelter without incident. Councilor Marsh/Voisin to amend the Resolution and delete Section 4(b) and amend Section 4(c) to read as the following: "Dogs in general must be leashed and under the control of the owner at all times while in the shelter." DISCUSSION: Councilor Marsh noted the volunteers running the shelter had proved themselves, were responsible, and provided adequate supervision. Council had heard the other shelters testify repeatedly they allowed dogs without incident. She did not want to create a quagmire for volunteers by delineating service dogs and imposing other requirements on the dog population. Volunteers would have to make an assessment whether a dog was a service animal, bring crates to the shelter, and take them away afterwards. If the rules in place were adequate for service dogs, they should be strong enough for the population as a whole. Councilor Voisin agreed and supported the amendment. Councilor Lemhouse would not support the amendment. He agreed the City needed to allow service animals but did not believe it was prudent to put the City intentionally in a position of liability by allowing all dogs. The City shelter was a public entity. He was comfortable prioritizing risk in an emergency weather situation, but not for the weekly shelter. He strongly supported the shelter but was fearful one bad incident would stop the program and did not want to take that risk. Councilor Slattery was not in favor of eliminating dog crates. Volunteers could sign statements claiming they would not sue but that would not prevent them from suing. As a public entity, the City had different standards than the churches and allowing dogs put the program at risk. Roll Call Vote on amendment: Councilor Voisin, Rosenthal, Marsh, and Morris, YES; Councilor Slattery and Lemhouse, NO. Motion passed 4-2. Councilor Lemhouse/Marsh m/s to amend the main motion by removing Section 4 pertaining to dogs and consider it separately so Council could vote on the remaining Resolution. DISCUSSION: Councilor Lemhouse clarified he wanted to pass the winter shelter and have the opportunity to oppose allowing dogs. Councilor Marsh thought it was important to move forward together. Mr. Kanner noted Council had adopted Resolution 2013-28 that contained everything in the resolution before Council except the verbiage allowing dogs. Roll Call Vote on amendment: Councilor Rosenthal, Marsh, Morris, Slattery, and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. Council and staff discussed the how procedurally passing the proposed resolution and repealing Resolution 2013-28 replaced one version with the same since the section on allowing dogs was removed. Councilor Marsh/Slattery m/s to call for the question. Roll Call Vote: Councilor Rosenthal, Marsh, Morris, Slattery, and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. Roll Call Vote to approve Resolution 2013-30 as amended: Councilor Rosenthal, Marsh, Morris, Slattery and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Voisin/Rosenthal m/s to add to the above approved Resolution the "Section 4 Dogs" as proposed by staff and delete Section 4(b) and change Section 4(c) to read as follows: "Dogs must be leashed and under control of the owner at all times while in the shelter." DISCUSSION: Councilor Voisin thought since Council already voted on the amendment they should vote on it now and finish the process. Councilor Rosenthal agreed. Councilor Marsh clarified the motion was a separate vote adding Section 4 of the original resolution with caveat she had made earlier regarding leashes. Councilor Slattery did not support the motion but agreed Council should vote on it. Roll Call Vote: Councilor Voisin, Rosenthal, Marsh, YES; Councilor Morris, Slattery, and Lemhouse, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Regular City Council Meeting September 3, 2013 Page 5 of 7 2. Second reading by title only of an ordinance titled, "An ordinance amending the City of Ashland Comprehensive Plan to adopt the Housing Needs Analysis as a supporting document to the City of Ashland Comprehensive Plan" Councilor Morris/Voisin m/s to approve Ordinance 0085. Roll Call Vote: Councilor Slattery, Marsh, Lemhouse, Rosenthal, Voisin, and Morris, YES. Motion passed. 3. First reading by title only of an ordinance titled, "An ordinance amending Section 2.19 of the Ashland Municipal Code dissolving the Housing Commission and creating the Housing and Human Services Commission" Housing Program Specialist Linda Reid noted Resolution 2013-08 created a new Housing and Human Services Commission by merging the Housing and ad hoc Homelessness Steering Committee (HSC). The Committee and Commission met and reviewed mission statements, powers, and duties. They formed a sub-committee with two members from both the Housing Commission and HSC to create a mission statement, recommend powers, duties, and membership composition for the draft ordinance. The proposed ordinance incorporated the recommendations from the Housing Commission and HSC. Both groups recommended nine members. However, staff was proposing seven. Housing Commission Chair and HSC member Regina Ayars supported combining the groups and thought the new commission should have nine members. HSC Co-Chair Rich Rhode also supported the new commission having nine members. Councilor Rosenthal/Voisin m/s to approve First Reading by title only of an Ordinance titled "An Ordinance Amending Section 2.19 of the Ashland Municipal Code Dissolving the Housing Commission and creating the Housing and Human Services Commission consisting of nine appointed members and place on agenda for Second Reading. DISCUSSION: Councilor Rosenthal explained after reviewing what similar commissions did he supported nine members. Councilor Voisin thought staff wrote the proposed ordinance well and supported the motion: Councilor Lemhouse supported the concept but did not think the ordinance covered human services issues enough. Councilor Lemhouse/Slattery m/s to remove Section 2.19.030(C). DISCUSSION: Councilor Lemhouse explained reviewing and making recommendations regarding social service grant allocations was a function of the Budget Committee and sub-committee. Because it went into the main budget, he thought it should remain with that group. Councilor Slattery agreed and was interested in the Commission making recommendations to the Council and Budget Committee. City Attorney Dave Lohman clarified the proposed ordinance would allow the Housing and Human Services Commission to make recommendations only to Council. Ms. Reid further clarified Section 2.19.030(C) did not intend to take the process from the Budget Committee only make recommendations similar to the CDBG (Community Development Block Grant) and social services grants process. Councilor Slattery wanted the Housing and Human Services Commission to make recommendations for social services grants at the right time ito the Social Service Grant Budget Sub-committee. Ms. Reid confirmed grantees could not apply for social service grants outside of Housing and Human Services. Councilor Marsh thought Council needed to change the human service funding process. These were big decisions allocated to whoever volunteered from the Budget Committee and thought the Housing and Human Services Commission was better equipped for the task. She did not want to create a situation where the Housing and Human Services Commission was making recommendations while still going Regular City Council Meeting September 3, 2013 Page 6 of 7 through the budget process. The question was too big to resolve in context of the resolution and suggested discussing it with the Budget Committee during the interim budget to determine the best process for allocating that money. Councilor Voisin/Lemhouse m/s to amend the amendment by adding that the Council will address this particular duty within the year 2013. DISCUSSION: Councilor Voisin wanted to ensure the topic came back to Council for discussion. Councilor Lemhouse supported the amendment and possibly involving the Housing and Human Services Commission. Councilor Morris would not support the amendment citing there was not enough time. Councilor Voisin clarified her intention was allocating a Study Session or adding it to a regular meeting to discuss the parameters before going to the Budget Committee. Councilor Slattery agreed with Councilor Morris. Councilor Marsh noted the September 30, 2013 Budget Committee Budget Debrief and thought they could add the item to that agenda. Roll Call Vote: Councilor Lemhouse, Voisin, Rosenthal, Morris, Marsh, and Slattery, YES. Motion passed. Roll Call Vote on amended amendment: Councilor Lemhouse, Voisin, Rosenthal, Morris, Marsh, and Slattery, YES. Councilor Marsh/Lemhouse m/s to amend the Ordinance under 2.19.010 Purpose and Mission as the follows: "The Housing and Human Services Commission is charged with assessing and addressing the continuum of housing and human service needs in the community for the purpose of enhancing community health and well being." DISCUSSION: Councilor Marsh did not think the words "poverty-driven" gave full range to the concerns Council expressed in the past. Using "enhancing community health and well being," provided context on why the City had this community. Councilor Lemhouse agreed with Councilor Marsh and added the original purpose did not highlight the human services element as much he liked. Roll Call Vote: Councilor Lemhouse, Rosenthal, Morris, Marsh, and Slattery, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Lemhouse/Marsh m/s to add to Section 2.19.030 Powers and Duties the following: "To promote programs that assist seniors, children and children/families in need in regards to utility, medical, transportation, and food assistance." DISCUSSION: Councilor Lemhouse wanted to ensure the Commission took on these issues. Councilor Marsh supported the amendment. Councilor Lemhouse deferred to staff if they thought the amendment should replace 2.19.030(G) To foster public knowledge and support of official city housing and human service programs. Roll Call Vote: Councilor Lemhouse, Rosenthal, Morris, Voisin, Marsh, and Slattery, YES. Motion passed. Councilor Lemhouse/Marsh m/s to add to Section 2.19.030 Powers and Duties the following: "To monitor issues and report to Council regarding complaints or compliance of equal housing laws." DISCUSSION: Councilor Lemhouse noted an incident of racial discrimination against renters that occurred in the past. Council did not receive notification of the situation and he wanted to ensure staff notified Council in the future and included incidents in an annual report. Councilor Marsh agreed it fell in the purview of the Housing Commission and now the new commission. Councilor Voisin wanted to use the words "fair housing" instead of "equal housing." Fair Housing included race and 7-8 other protected populations. Councilor Lemhouse responded the verbiage came from the federal equal housing laws under HUD (Department of Housing and Urban Development). He was open to changing it if staff determined it was necessary. Councilor Rosenthal thought the wording suggested a watchdog mentality and might imply investigative powers that could take on a life of its own. Councilor Lemhouse did not intend the Commission to have Regular City Council Meeting September 3, 2013 Page 7 of 7 investigative powers but provide contact information for people that experienced discrimination or issues relating to equal housing. City Administrator Dave Kanner commented monitoring and reporting was significantly different from investigate and enforce. Staff would direct inquiries to the appropriate authorities and report back to Council on the complaints received and action taken. Councilor Rosenthal thought the amendment was too vague and with the absence of procedure and methodology would not support the amendment. Ms. Reid explained the City received CDBG funds and was required to further affirm fair housing and have a fair housing piece. The City had a fair housing ordinance that did not require compliance regarding discriminatory issues but staff recommended and referred people to agencies for complaints like HUD, BOLI (Bureau of Labor and Industries), and the Fair Housing Council of Oregon. The Housing Commission helped craft the fair housing ordinance and reviewed all reports staff submitted to HUD regarding fair housing activities the City conducted that included fair housing trainings, outreach, education, and any activities where staff engaged the Fair Housing Council of Oregon. Ms. Reid received complaints and forwarded them to the proper agencies. In general, staff and the Housing Commission did not report complaints to Council. Roll Call Vote: Councilor Lemhouse, Morris, and Marsh, YES; Councilor Rosenthal, Voisin, and Slattery, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Councilor Marsh/Lemhouse m/s to amend the motion and move Section 2.19.030 Powers and Duties (I) to position (A) under this section. DISCUSSION: Councilor Marsh explained the Commission's first responsibility was update and inform Council, make recommendations, and provide feedback regarding their work. Councilor Lemhouse agreed. Roll Call Vote on amendment: Councilor Lemhouse, Rosenthal, Voisin, Slattery, Morris, and Marsh, YES. Motion passed. Roll Call Vote on amended main motion: Councilor Lemhouse, Morris, Marsh, Rosenthal, Voisin, and Slattery, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Voisin announced the AIR (Ashland is Ready) event sponsored by the Fire Department Saturday September 7, 2013, the Women's Self Defense Seminar September 20-21 at the Ashland Karate Academy and a presentation September 26 from 6:00-8:00 p.m. by Police Chief Terry Holderness on The Police and Homeless in Ashland at the United Methodist Church. ADJOURNMENT Meeting adjourned at 9:42 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ~,~,l!t9 ¢~'V/a S~~/J 6'~7a3~~~ 6v'VP9 2aava 6gVPy : 6q~~J ~`r~i ~p/ PROCLAMATION • In 1981, the United Nations proclaimed the International Day of Peace to be "devoted to commemorating and strengthening the ideals of peace:both within and among nations and peoples..." J • In•2001; the United Nations declared that International Day of Peace should also, "be observed as a day of global ceasefire and non-violence, an invitation to all nations and people to honour a cessation of hostilities for the duration ➢ of the Day." • The International Day of Peace gives everyone the opportunity to make peace in their own relationships as well as impact the larger conflicts of our time. • This year's theme is "Education for Peace," which reminds us that a E' sustainable future requires lasting peace. • This year, Ashland will celebrate International Peace Day on September 21, 2013. THEREFORE, as the Mayor of the City of Ashland, I do hereby proclaim September 21, 2013 as International Day of Peace in Ashland and call. upon the citizens of Ashland to consider how they can contribute to peace in their own lives and in the world at large. Q~ 00 Dated this 17th day of September, 2013 E John Stromberg, Mayor Barbara Christensen, City Recorder Y ~ L, CITY OF ASHLAND Council Communication September 17, 2013 Business Meeting Report to Council on Calls for Service in the Enhanced Law Enforcement Area FROM: Warren Hensman, Police Sergeant, hensmaw@ashland.or.us SUMMARY In August 2012, the Persistent Violations Ordinance was adopted, restricting persistent offenders from the downtown business district. This report to Council will summarize statistical outcomes on calls for service rates in the Enhanced Law Enforcement Area since its inception. BACKGROUND AND POLICY IMPLICATIONS: The Enhanced Law Enforcement Area (ELEA) ordinance has been in effect since August of 2012. Over the past thirteen months, approximately 166 citations were issued for qualifying violations, 67 of them resulting in convictions through the municipal court. During this period of time, 18 people qualified to be excluded from the downtown area. Eight (8) of those people are no longer in the area and to the best of our knowledge have not returned. Ten (10) of those people have been served and five (5) have been excluded. Of the five (5) people excluded, two (2) of those people continue to - accumulate Persistent Violator Violations. Staff believes that the ordinance has had a positive effect in that people who were causing problems on an almost daily basis are no longer in the area, or are no longer committing qualifying offenses. Furthermore, it is believed officer staffing, and an increase in park patrol staffing in conjunction with a new cadet program, has a relational impact on what is believed to be a positive effect. The following statistics are broken down into four categories: 1. All call types for service within the Enhanced Law Enforcement Area. 08/01/11 - 08/31/12 = 1066 Calls for service 08/01/12 - 08/31/13 = 943 Calls for service This shows an 11.5 % decrease in this category. 2. Call types related to drugs and disorder within the Enhanced Law Enforcement Area. 08/01/11 - 08/31/12 = 354 Calls for service 08/01/12 - 08/31/13 = 306 Calls for service This shows a 13.5% decrease in this category. Page I of 3 ~r, CITY OF ASHLAND 3. All call types for service within the Enhanced Law Enforcement Area during the summer season. 05101111 - 08/31/11 = 274 Calls for service 05/01/12 - 08/31/12 = 391 Calls for service 05/01/13 - 08/31/13 = 320 Calls for service This shows a 30% increase from 2011 to 2012, and an 18% decrease from 2012 to 2013. 4. Call types related to drugs and disorder within the Enhanced Law Enforcement Area during the summer season. 05101111 - 08/31/11 =107 Calls for service 05/01/12 - 08/31/12 = 135 Calls for service 05/01/13 - 08/31/13 = 95 Calls for service This shows a 20 increase from 2011 to 2012, and a 30% decrease from 2012 to 2013. The following three categories depict an approximate percentage of crime/violation types occurring in the downtown area: 1. Oregon Law / Crimes - 57% a. Trespass 17% b. Disorderly Conduct 11% c. Criminal Mischief 9% d. Theft 5% e. Resisting Arrest 4% f. Interfering with a Police Officer 3% g. Harassment 2% h. UEMV (Entering Vehicles) 2% i. Assault 1% j. Menacing 1% k. False Information 1% 1. Burglary 1% in. Weapons 1% n. Robbery 1% 2. Alcohol Violations-37% 3. All Other Violations - 5.4% a. Scattering Rubbish Page 2 of 3 Fla 1,7111 CITY OF ASHLAND FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: The Council can accept the report as presented or request that Sergeant Hensman or the Police Chief provide additional information. SUGGESTED MOTION: N/A ATTACHMENTS: None Page 3 of 3 ~r, ASHLAND HISTORIC COMMISSION Meeting Minutes August 7, 2013 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER- REGULAR MEETING. 6:06 pm Historic Commissioners Present: Dale Shoslrom, Keith Swink, Ally Phelps, Allison Renwick, Sam Whitford, Victoria Law Commission Members Absent: Terry Skibby, Tom Giordano, Kerry Kencairn Council Liaison: Greg Lemhouse - absent High School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Staff Liaison: Amy Gunter APPROVAL OF MINUTES: The minutes need to be edited to show that Keith Swink made the motion and Allison Renwick seconded the motion. Dale Shostrom made a motion to approve the minutes of the July 3, 2013 meeting, Keith Swink seconded the motion. Victoria Law and Sam Whitford abstained. The minutes were approved by Dale Shostrom, Keith Swink, Allison Renwick and Ally Phelps. PUBLIC FORUM: none COUNCIL LIAISON REPORT: Greg Lemhouse-absent PRE-APP REVIEW: David Wilkerson, ORW Architecture, 2950 E. Barnett Road, Medford and Jason Slranberg from Adroit Construction, 185 Mistletoe Rd., Ashland, representatives for the project presented their proposed modifications to the Oregon Shakespeare Festival (OSF) Rehearsal Building at 30 N First Street. The building was constructed in the 1920s at the same time as hotel. They are still looking for additional historic photos. At some point in the 1980s, the barrel gable that was on the roof was removed and OSF inserted the pre-fabricated metal building into the structure. The new building is proposed to bring all of the existing scattered rehearsal spaces into one building and create a one large rehearsal space with two medium sized rehearsal spaces, voice recording areas and provide the ability to bring all of the parts (actors, directors, visiting actors, etc. together in one space). The largest aspect of this project is a major interior remodel. The exterior modifications are to change out the existing metal windows which perform very poorly with a new metal clad window with pairs of 4 X 5 gridded windows. The outside will have a metal mutton bar the inside will be wood. The Historic Commission thought the proposal was compatible and will make the building fagade more consistent. OLD BUSINESS Brochures Subcommittee Report The brochures look great graphics wise. There are some text edits and modifications that need to be made. The commission asked for some graphic modifications which will be forwarded to the designer. The commission determined the title for the small brochure would be "Preserving Historic Ashland". Historic Markers Plan Amy and Allison Renwick worked on a Oregon Community Foundation Grant that closed July 1. We are not confident but we are hopeful. The grant review process lakes 14 weeks. NEW ITEMS Election of New Historic Commission Officers Chair: Terry Skibby Vice Chair: Dale Shostrom Secretary: Ally Phelps Review Board Schedule August - 15; Dale, Kerry, Tom; August - 22; Sam, Ally; Allison: August - 29; Dale, Victoria, Tom: Sept. 5 - Keith, Kerry Project Assignments for Planning Actions - Review Update No reports or assignments DISCUSSION Pioneer Hall plaza brick project The Public Works Department has been tasked with repairing the broken and heaving bricks. The Public Works Dept. has proposed a few alternatives. The Commission stated that stamped concrete would be worse, it is too subject to breaking and heaving. The Commission would prefer that the subsurface and drainage issues be addressed and that brick be reinstalled. Lithia Park restroom replacement The Park Department is replacing some dilapidated restrooms with pre-fabricated facilities. Of the options shown, Commission prefers the barn wood finish in a dark earthtone paint color such as brown or dark green. ANNOUNCEMENTS & INFORMATIONAL ITEMS Dangerous building declaration at 135 Nutley Street The Commission feels that the home is salvageable and that the owner should not remove but should rehabilitate. The costs of the removal and new construction would be similar in cost as rehabilitating the new structure. A new house that looks the same is not comparable to the loss of a historic home. The removal of the tree would be a better alternative than the loss of a 108 year old structure. Hidden house on Tolman - Commissioner Victoria Law mentioned the future sale of the half of the old Railroad Depot building that was transported to a lot on Tolman Y: of the 1883 built, old RR depot was transported there in the 1960s and had a barn structure constructed around it. The grandchildren brought Victoria Law some photos and she said it is remarkable how preserved the structure is inside. It looks just like it did originally. CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes July 3, 2013 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER - REGULAR MEETING, 6:15 pm Historic Commissioners Present: Dale Shostrom, Keith Swink, Ally Phelps, Allison Renwick, Kerry Kencairn Commission Members Absent: Sam Whitford, Terry Skibby, Tom Giordano, Victoria Law Council Liaison: Greg Lemhouse - absent High School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Staff Liaison: Amy Gunter; Clerk: Billie Boswell APPROVAL OF MINUTES: Keith Swink made a motion to approve the minutes of the June 5, 2013 meeting. Allison Renwick seconded the motion. They were approved unanimously. PUBLIC FORUM: none COUNCIL LIAISON REPORT: Greg Lemhouse-absent PUBLIC HEARING: PLANNING ACTION: PA-2013-00836 SUBJECT PROPERTY: 140-142 N Third Street OWNER/APPLICANT: Ann and Martha McIntyre DESCRIPTION: Request for a Residential Site Review approval to construct a new residential dwelling unit at the rear of the property adjacent to the alley for the property located at 140 and 142 Third Street. The existing second dwelling unit located directly behind the front residence will convert to a guest house. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 09BA; TAX LOTS: 8200 Chairman Shostrom asked if there were any ex-parte contact or conflict of interest. Ms. Kencairn and Ms. Renwick disclosed that they had visited and walked the property. Ms. Gunter explained the application and layout of the existing buildings and how their uses would be modified. Ms. Renwick asked the applicant, Ann McIntyre, about the type and setting of the windows. Ms. McIntyre said the final decisions had not been made yet. Ms. Renwick suggested that a 5.5" vertical space be maintained between the double hung windows making it more in keeping with the historical design. Chairman Shostrom also recommended the window and door headers be placed at the same height. Chairman Shostrom made a motion to recommend approval with the suggested conditions of a 4.5"-6" separation between the windows and maintaining consistent door and window header heights. Ms. Renwick seconded the motion and it passed unanimously. Ashland Historic Commission Minutes 9/52013 C 1 T Y OF ASHLAND PLANNINGACTION: PA-2013-00831 SUBJECT PROPERTY: 370 E Main Street OWNER/APPLICANT: Edward "Web" Staunton DESCRIPTION: Request for a Site Review approval to modify the exterior fagade of a Historic Contributing Structure in the Downtown for the property located at 370 E Main Street. The applicant has proposed to install folding doors in place of the fixed windows and to move the existing recessed entry forward to five feet from the front fagade of the building. COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 391 E 09BD; TAX LOTS: 6500 Chairman Shostrom confirmed there was no exparte contact or conflict of interest issues. Ms. Gunter explained the applicant, Web Staunton, wants to open a juice bar in the old Laundromat building. The only comment received from a neighbor was concerns about the engineering required to open up the front fagade. She assured the neighbor that the building code would address those concerns. Mr. Staunton passed around historic pictures of the building. He said the front doors will fold flat back against the interior walls so the juice bar will glow out to the street. Chairman Shostrom asked how deep the awning would be and he said it was 4 feet. Ms. Renwick felt the angled beams over the doorway looked too 70's and would prefer them to be straight. Ms. Kencairn agreed. Mr. Swink didn't feel they were as angled as the picture indicated and felt they were different but compatible. Mr. Staunton confirmed that the angle is less than the perspective shown in the picture. They would also have Plexiglas between the beams for drainage. Ms. Renwick suggested painting the beams a dark color such as brown to minimize their prominence. Chairman Shostrom made a motion to recommend approval of the project with the condition of limiting the slope of the entry beams to 1.5 inches per 12 inches. Mr. Swink seconded the motion and it passed unanimously. Ms. Kencairn had to leave the meeting and since there was no longer a quorum, the meeting was adjourned at 7:00 pm. Ashland Historic Commission Minutes 9/52013 ASHLAND TRANSPORTATION COMMISSION MINUTES JUNE 27, 2013 CALL TO ORDER: Chair David Young called the meeting to order at 6:00 p.m, in the Civic Center Council Chambers, 1175 E. Main Street. Commissioners Present: Craig Anderson, David Chapman, Pam Hammond and David Young Absent Members: Shawn Kampmann and Corinne Vieville Ex officio Present: Steve MacLennan Staff Present: Mike Faught, Scott Fleury and Jodi Vizzini Council Liaison: Carol Voisin ANNOUNCEMENTS No announcements were presented. CONSENT AGENDA A. Approval of Minutes 1. May 23, 2013 The minutes of May 23, 2013 were approved as corrected. PUBLIC FORUM No one came forward to speak. ACTION ITEMS A. Bollards Staff Report Scott Fleury briefly outlined the bollard information provided in the commission packet. He added that the City's Risk Management was researching liability issues associated with removing the bollards. He concluded that staff was recommending the removal of bollards at the locations of discussion, pending the final report from Risk Management. Commission Discussion • Commissioners discussed problematic areas around the city where vehicles have entered the bike path. • Commissioners reviewed configuration options as illustrated on pp. 7-15 and 7-16 and advanced warning options such as striping and signage. • Areas of concern with bollards were riders traveling in a line causing impaired sight distance for the back riders, visibility at night and hazardous conditions for wide vehicles such as bike trailers. • Commissioners and staff discussed what constitutes a motor vehicle, e.g. gas powered scooters, electric scooters and bikes. Mr. Fleury explained the reasoning behind the placement of bollards on the Bear Creek Greenway bike path as explained to him by Jenna Stanke of Jackson County. She shared the placement is looked at on a case-by-case basis depending on the potential for cars to enter at each location. Officer Steve MacLennan shared the difficulty of getting emergency vehicles on the path when bollards are in place. Commissioners Anderson/Chapman mis to remove bollards at the Mountain Ave., E. Main, Wightman St., Walker Ave., and Tolman Creek Rd. locations included in the commission packet pending approval from Risk Management. Voice vote: all AYES. Motion passed. Trampoaauon Commission June 27, 2013 Page 7or4 B. Dust/Slow Sign Staff Report Mr. Fleury called attention to a letter received by David Qotsaisaw requesting installation of "Slow" and "Dust" signs in the alley between Ohio and Hersey Streets. He explained that staff recommended Mr. Qotsaisaw and neighbors apply a dust suppressant as an alternative to signage. Mr. Qotsaisaw felt that option would not be financially feasible. Mr. Fleury clarified that staff does not conduct traffic studies on alleys and that he did a site visit and concluded that cars can easily drive 15-20 mph at this location. He added that most traffic on this alley is generated from residents; not tourists. He explained there are 17 tax lots adjacent to the alley and that many residents have garage access and park their vehicles along the alley. Commission Discussion • Commissioners discussed several alternate solutions to the requested signage. • Commissioners shared their personal experience with treating a street with dust suppressant and the cost associated with the treatment was roughly $75 - $100 per homeowner. • Staff shared how homeowners have organized dust suppressant projects on other streets. • Staff discussed the possibility of chip sealing various gravel roads and alleys in the City with future CMAQ grantfunds. The Commission did not make a motion on this action item. It was determined that staff will follow-up with Mr. Qotsaisaw and recommend that he organize a dust suppressant plan with neighbors while encouraging them to drive slowly. A suggestion was made to include the City's policy to not install signage unless a street meets certain speed/volume criteria. NON ACTION ITEMS A. Audible Pedestrian Signals Update Mr. Fleury provided an update on the newly installed audible pedestrian signal buttons. He added that more buttons will be ordered with the remaining grant funds. He shared the diagonal crosswalk and signal installation at Indiana/Wightman is scheduled for July 9. A suggestion was made for staff to monitor the crosswalk since it was designed by City staff. Staff agreed this was a good idea. A. Miscellaneous Concrete Project Staff Report Mr. Fleury briefly outlined the concrete work that has begun on C Street. He explained that contractors will be working on miscellaneous projects on B and C Streets and Francis Lane over the next couple of months replacing handicap ramps and connecting sidewalks. He listed other miscellaneous areas that will benefit from the concrete project. Mr. Fleury gave an update on information he received about the Oak Street rail crossing. He explained the project is back online which will result in sidewalk construction from Ashland Lumber Company to Plexis Healthcare Systems and installation of cross gates. He stated RailCorp expects to have trains running through in 2015. Councilor Voisin arrived at 6:50. FOLLOW UP ITEMS A. Plaza Walk Staff Report Mike Faught briefly described his recent walk of the Plaza with Commissioner Vi6ville and an instructor for the blind. They determined the crosswalks were sufficient for the blind community but needed to address those who travel by mobility scooters. Mr. Faught shared the Council agreed to follow the Transportation Commission's recommendation to add yellow paint on the curb around Plaza. He added the paint has already been applied. Transportation Commission June 27, 2013 Page 20x4 B. Rapid Flashing Beacon Homing Sound Mr. Fleury gave an update on the rapid flashing beacon (RFB) homing sound feature which he reported had been added to the existing RFBs and were currently working. He provided information about the plan to install an RFB on Siskiyou near the high school. C. Downtown Study Update Mr. Faught provided an update on the progress of the Downtown Study. He shared that Council allocated $35,000 for the study which will be conducted by the University of Oregon. He added he was able to secure a grant with the University of Oregon to cover the difference of the total cost which is $50,000. Commissioner Discussion The process of the study was discussed. It was determined that representation from both the Transportation and Planning Commissions should be involved in the process along with a Council liaison. Commissioners were in favor of forming a downtown study subcommittee. A suggestion was made to have a well-defined goal for the study. A comment was made on the importance of having good representation from stakeholders in the downtown area. Mr. Faught outlined the top objectives of the study which will be parking, truck delivery, and multi-modal circulation. D. Hersey St. Sidewalk Project Mr. Fleury provided an update on the progress of the project. He stated that Council approved the intergovernmental agreement and added the project will take about two years from beginning procedures to finish. INFORMATIONAL ITEMS A. Action Summary Did not review. Informational items only. B. Traffic Crash Summary Officer MacLennan described incidents involving bikes and pedestrians. C. Road Diet Analysis Mr. Faught gave on overview of the current analysis. He shared information on an upcoming survey that will be available on the Open City Hall area of the City's website. He explained that staff is also working with Southern Oregon University on a survey that will be mailed to randomly selected residents in the fall. He added this data, along with the traffic engineers data, will be provided to Council as part of the criteria for their decision to keep the road diet in place or convert N. Main St. back to its previous configuration. Commission and staff discussed how to present data to the City Council. Other topics of discussion included the relocation of the Stone Medical driveway and available vehicle crash data on N. Main St. Officer MacLennan shared there has been a change in collision reporting criteria which makes it difficult to track the number of vehicle incidents. He offered to research the data over the past year and provide this information to the Commission. COMMISSION OPEN DISCUSSION A concern was presented on a visibility issue at the intersection of Orange Ave. and Heiman St. Staff replied they will conduct a site visit and look into a solution. A request was made to restripe Crispin St. Staff replied City crews are currently working on striping projects throughout the City. A question was asked about the regulation on parking wide trailers on neighborhood streets. Officer MacLennan replied the ordinance is enforced on a complaint basis. A comment was made on the difficulty of crossing near the Senior Center at Homes Ave. and Ray Lane. A comment was made about the drain issue at the Mountain Ave. railroad crossing. Staff replied it will be fixed Transponarion Commission June 27, 2013 Page 3of 4 during the Matisse Cottage development. Staff presented the topic of education opportunities for motorists, bicyclists and pedestrians. Officer MacLennan requested the Commission look at the section on Iowa St. between Wightman St. and Walker Ave. and consider reducing the speed to 20 mph at all times due to heavy congestion and narrow roadway. Staff replied it will be a future agenda item. Commission and staff discussed the process when a request is made for traffic calming measures. Suggestions were made to streamline the process. A suggestion was made for the City to work with Southern Oregon University on a bike program which could improve the Bicycle Friendly Community status in the future. It was suggested that a good idea might be spreading out and working on a Bicycle Friendly Jackson County. ADJOURNMENT Meeting adjourned at 8:00 p.m. Respectfully submitted, Jodi Vizzini, Administrative Assistant Transportation Commission June 27, 2013 Page 4of 4 CITY OF ASHLAND Council Communication September 17, 2013, Business Meeting Placing a Lien on a Property as a Result of Weed Abatement FROM: Margueritte Hickman, Division Chief, Fire, hickmanm@ashland.or.us - SUMMARY In 2012, Ashland Fire & Rescue abated the property at 707 Helman. The property owners were sent a bill in the amount $699.05, which included the abatement, administrative time and mailing costs. The property owners have failed to pay the amount of the abatement. Placing a lien on the property is the city's last recourse in collecting costs for abatement in accordance with AMC 9.04.050. BACKGROUND AND POLICY IMPLICATIONS: Ashland Fire & Rescue began managing the weed abatement program in 2009. Since that date, staff has proactively inspected all properties within the wildfire hazard zone. Properties throughout the rest of the city have been inspected based on complaints or known parcels that consistently present a hazard. Ashland Fire & Rescue has placed a priority on education and has used the City Source, signs, news media and city website to promote the weed abatement effort and its benefits. Approximately 700 educational letters are sent to owners of vacant properties, frequently absentee landowners, who would not likely receive information from the previously listed sources. Each year since 2009, Ashland Fire & Rescue has made attempts to gain compliance on the Robertsons property at 707 Helman. Since 2009, weed abatement has been completed in only one season, by a family member, not affiliated with the property. The balance of the years, Ashland Fire & Rescue has spent many hours making efforts to work with the timeframe of the property owner, which has resulted in excuses and failure to abate. The fuels on this property have included overgrown grass and blackberries that threaten not only the Robertson's property and house, but also the neighbor's properties. These are the same kind of fuels found in the field where the Oak Knoll Fire started in 2010. There are three owners listed for the property. The adult daughter lives on site, but the parents do not. Even with an owner living on site, it has been difficult to find someone present to provide service of notices to. Registered return receipt mail is refused, and a current address or phone number for the parents has not been readily available. During the 2012 weed abatement season, Ashland Fire & Rescue worked diligently to gain compliance with the property owner, and has kept detailed records of actions, which included contact with multiple property owners both in person and by phone. Ashland Fire & Rescue followed all procedures required for noticing and serving the owner in accordance with AMC9.04.050. After the property owner again Page 1 of 2 IrM CITY OF ASHLAND failed to abate the weeds, Ashland Fire & Rescue worked closely with Ashland Police Department to successfully serve citations. The owners never contacted the court, and the fine is outstanding. A bill for restitution was also sent to the owners, but no payment was received. Ashland Fire & Rescue feels that reasonable efforts have been made to gain payment for restitution of the abatement, and that placing a lien on the property is the last available effort based on the Ashland Municipal Code. It appears that the efforts that have been made on this property over the last five weed abatement seasons have paid off. This year, the property owner completed abatement. While it was not by the weed abatement due date, and an abatement notice had to be sent, the owner and their representative worked with the Weed Abatement Coordinator to complete the abatement. Completing the collection of the abatement costs will further demonstrate that the City is serious in the abatement process. FISCAL IMPLICATIONS: By placing a lien on the property, the city will recoup the costs associated with this abatement at some point in the future when the property is sold. Weed Abatement is budgeted for in the fire department budget in the amount of $2000. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends proceeding with placing a lien on the property at 707 Helman. SUGGESTED MOTION: I move that a lien be placed on the property at 707 Helman in the amount of $1012.56 for both the administrative and abatement costs in accordance with AMC 9.04.050. ATTACHMENTS: Restitution Statement Abatement Documents P• Page 2 of 2 ~r, CITY OF RESTITUTION ASHLAND STATEMENT Ashland Fire & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 DATE September 11, 2013 (541) 482-2770 - Fax (541) 488-53 INCIDENT Bruce & Robin Robertson CONMIENTS Lien Restitution Emryss Robertson Weed Abatement - 707 Heiman 707 Helman Street Asliland, OR 97520 " Descriptim How% . 'Rate~'K~ Total= Weed Abatement Costs ~ 699.05 Staff - Fire Division Chief 2 73.63 147.26 Staff - City Attorney 1.75 95.00 166.25 TOTAL 1,012.56 Date -7- (7,- Z017- Property Owner Qcb (kS hxvec. 2/Zo61v, C[ T Y O F or -AS H LAN D Tenant I( Site Address: 7 / U 7 1-) c ASHLAND, OR 4 Map Lot#: >`11FbtI[ IUU RE: NOTICE TO ABATE WEEDS & GRASS Dear Property Owner: 4 The City of Ashland faces many challenges in managing the fire threat in and around our community as witnessed I by the devastating Oak Knoll Fire in 2010. In an effort to reduce the fire hazard throughout the City of Ashland, II especially during fire season, the City of Ashland has adopted a weed abatement ordinance. This ordinance I: requires the mowing of weeds and grass to a maximum height of 4 inches before June 15 and to maintain them at ii that height throughout the fire season. On ? recentihspection your property as referenced above was found to be out of compliance with this ordinance,,, This letter is to provide notick~of your responsrbil" to abate, a weeds wbilponstitute afire hazard. This is the N only notice that you will receive Ashland M d n i 4 f f . o e9,0 .'0 O2rbequiresitl a owner, agent of owner and/or r occupant of any lot or parce~ ¢f Land dui hilt the city limits of Ashlandlto"cut and';remove weeds which constitute a fire hazard. Removal is regplred.to occur between May_15th an "We 15th of each year. On 7 - 17- - Zu 12_> the property identified above was found to¢have standing flammable vegetation still, requiring abatement. Please see the enclosed flier f9 ~specifrc mquitements for abatement y l / ~ a 1 This notice advises thttyou have 10'il s to abate the hazard If th~~ azard is not abated by midnight on z- 201 't~ I ( the lowmg will occur I' • The City of AshlaKdoill abate the hazard ¢naabih yob or the pe[uaI cost of thg 86atement including the removal of the flammablg vegetation plus the admmistiit costs I ,process the' abatement. Estimated cost for the removal of giass-from a half ac(e parcel isl$200.00 attd adtnimstrattve Costs are estimated to be $120 per parcel. The total cast ggstii~iiate gf $320 OO,are sp¢IeC1o eFAaiige depepdrxg on actual costs experienced. Failure to pay the abatelp~$fbharges inlfrilltwill result in a -lien against thetsaid property. • You will receive a citatibnl for failurd to ap4feiheFtve'PXIIa reptroactlve io JUge" 16, 2011. The penalty for this 1 civil violation shall not exceed $500'.for each ann everylda that the violation occurred. 1 • The City will need to gain ehtrance'to the property, Solely for thetpiirpo a of abating the weeds. A consent d form is enclosed that can be signed to: e tha Gity'consent ~to-enter the property; this form must be signed and returned to the City by Lo 1 7 "y . Failure to return the consent form to the City will be deemed a refusal to let city personnel and representatives enter the property to abate the weeds; at that point the City will request a warrant from the court to gain authorization to enter and abate the weeds. You may protest this weed abatement order by giving written notice to the City Records within 10 days from the date of service of this notice. Please report abatement completion by the date referenced above by calling 541.482.2770 during business hours at or email cutweedsa,ashland.or.us and provide the property address, property map identification and tax lot, and your name and phone number. Sincerely, ASHLAND FIRE & RESCUE 455 SIsklyau Boulevard Ashland, OR 97520 (541) 482-2770 • Fax (541) 488-5318 TTY.' 800-735-2900 FIVIado 0e accc a0 xwea CITY OF ASHLAND Notice to Abate Forms Posted On this date,,]- j 2-Z V&'4- at the time of I, Tim Dundas, Weed Abatement Coordinator for Ashland Fire and Rescue posted a notice to abate weeds regarding the following property. Address: 70-7 ITU imv<n Ashland, OR 97520 Physically posted to address: j> On Door ❑ On tree or post ❑ Stake ❑ Other: ❑ Delivered iniperson,to: ❑ Owner ❑ Renter ❑ Other: ASHLAND FIRE & RESCUE 455 Slsk'ryou Boulevard Ashland, OR 97520 /r (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 MNIEO ON RECYTAEO PM R ASHLAND MUNCIPAL CODE VIOLATION REPORT "WEED ABATEMENT" Bruce & Robin Robertson, owners Emryss Robertson, tenant 707 Heiman Street The weed abatement process for this property began on July 12, 2012. After posting a notice on the door of the structure, Weed Abatement Coordinator Tim Dundas received a call from the tenant and owner's daughter, Emryss Robertson regarding the notice. Because this confirmed the notice was received, no notice was mailed. The Robertson's have failed to comply with weed abatement requirements this year and since 2009. While the tenant or owners made effort to begin the weed abatement process, it was never completed even after attempts to contact them and advise them of what needed to be completed. The Robertson's home is located on the top of a hill at the intersections of Randy and Laurel Sheets. It has become overgrown with both native and domestic vegetation and presents a fire threat to the neighborhood during fire season. Even after several attempts to contact them were made, the Robertson's failed to complete weed abatement. The City abated the property through a contractor on August 28, 2012. By August 28, southern Oregon was already in extreme fire danger, and mowing of dry grass was shut down at 10 a.m. The abatement process took longer and created a greater threat than it would have in June. Attempts were made during both days of abatement to serve a citation to Emryss Robertson, however, she refused to come to the door. A bill for the cost of abatement, $699.05 was sent to each of the Robertson's on October 11, 2012. While we have other methods of levying this, the court could require the defendants to pay restitution to the City in the amount of $699.05. The goal of Ashland Fire & Rescue is to gain compliance from the Robertson's each year prior to June 15. A citation has been written to each of the owners and to the tenant. The fine could have been written for more than 75 days; however, it was only written for one week. Greater leniency is likely appropriate, however a fine of at least two days assessed on one of the responsible parties will be enough to inspire them to comply next year before this date. Ashland and Southern Oregon experience severe fire conditions every summer. By removing weeds and grass in the early summer, hazardous conditions near homes throughout the city and near the watershed can be significantly reduced creating a safer environment for the citizens of Ashland and firefighters who respond to the area. The Ashland Municipal Code 9.04.024 requires the removal of weeds, grass, bushes and shrubbery which constitutes a fire hazard. This vegetation is required to be removed by June 15th each year. AMC 1.08.020 addresses the penalties for violating this ordinance. A~~Yl~~illlr'llz M&gu , tte LR Hickman Date Division Chief / Fire Marshal Ashland Fire & Rescue Code Violation Report for Court -707 Helman - 100812 Page 1 of 1 CITY OF Series of events regarding 707 Helman for weed abatement ASHLAND 7-12-2012: I initially inspected the property. Found to be out of compliance with tall dry grass j and weeds over much of the property. Notice to abate letter, consent to enter form, educational flyer and my business card were posted to the door. Abatement due date of 7-31-2012. 7-12-2012: Contacted utility billing to see if there was an alternate mailing address or phone number for the property. I was given a possible contact of Pete Baumann at (541) 708-1255. I was told he is listed as one who is paying bills. I called his number and left a message. 7-13-20,12: Received a call back from Pete Baumann. He gave me a brief history of the occupant (Emy) and gave me her phone number of (541) 200-8374. He stated that he has paid the bills for 1 her so she would have water and electricity etc, but he has no further responsibility to the property. He also indicated that he had been in contact with Emy and said that she had gotten the 'L paper off her door. 7-13-2012: Message left for Emy at (541)200-8374 7-13-2012: Left a message for Bruce Robertson at his new number (541) 708-1255 7-18-2012: Receiveda callback from Emy. We had a conversation about the requirements. I was able to confirm that she had gotten. the papers from her door. She stated that she would get people out and get the job done. I offered to come by at any time to inspect or clarify what needed to be done. (This was also the date I had scheduled to mail the notice by certified mail. Because I had confirmation that she had received my posted notice, I declined to mail a letter) 8-1-2012: Re-inspection failed. ;I met with Emy in Person at the property and verified that progress had been made. Someone had been hired to come 'in'an d hadsupcessfully abated a 30 foot perimeter around the house: I informed Emy that the perimeter still needed to be cut and we walked the entire property andl was very specific on what needed cut. I gave her an extension until 8-10-2012 and informed her that I would be back to re-inspect.' If the job was not complete, Z- I would issue a citation. 8-13-2012: Received two phone messages from Bruce Robertson in the late afternoon. He stated he would try again in the morning. I called back and left a message. 8-14-2012: Attempted two more times to contact Bruce Robertson by phone. One message left asking him to contact me as soon as possible. I did tell him that if I don't hear back, the city would have to take further action to get the property abated. 8-15-2012: Re-inspection failed. Minimal work had been done. Pictures of property not yet taken. ASHLAND FIRE & RESCUE 455 slsklyou Boulevard Ashland, OR 97520 (541) 482-2770 • fax (541) 488-5318 TTY: 800-735-2900 MATED ON REM ED RMER CITY OF ASHLAND 8-20-2012: Re- inspection with Fire Marshal. Pictures taken and we attempted to contact the resident. We knocked several times on front door, no response. We were unable to issue a 1 citation because there was no contact with the resident. 2 8-20-2012: Left a message for Emy on her phone asking her to call me back and schedule a time we could meet at the property. ASHLAND FIRE & RESCUE 455 Sisklyou Boulevard Ashland, OR 97520 (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 MINTED ON RECriHO RARER F CITY OF August 30, 2012 ASHLAND To: Ashland Municipal Court Regarding case #121700131 Certificate of completion for work at the following address as allowed by an administrative warrant: 707 Helman Street Ashland. OR 97520 The following events took place at the address described above to bring the property into compliance regarding weed abatement: 8-28-2012: 0813: A copy of the signed warrant was physically posted to the front door and pictures taken. Three attempts to contact the resident were made by knocking on two different doors. No contact was made. 0822: Weed abatement begun by Aarori''s LawnService. 0915: Additional attempts to, contact the resident were made by the Fire Marshal Marguerite Hickman and APD Scott, Schuster. APD was on scene as a:precaution, not because of any threat or incident: . 1000: Permit granted by Fire Marshal Hickman to Aaron's Lawn Service allowing operation of equipment until.noon. Permit is valid through 8-31-2012 1135: Work was stopped for the'day.' Warrant was left in place on the front door. 8-29-2012 0730: Found that the warrant had been removed by the occupant. A new copy of the warrant was re-posted to front door and abatement resumed by contractor 10:05: Abatement complete. The property is now in compliance and no further action is required regarding weed 'abatement. Signed, tJAIIA Tim Dundas, Weed Abatement Coordinator Ashland Fire and Rescue i ASHLAND FIRE 8A. RESCUE 455 Sisklyou Boulevard Ashland, OR 97520 - (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 MWED ON RECYCLED PAPER 1 2 3 4 IN THE MUNICIPAL COURT OF THE CITY OF ASHLAND 5 COUNTY OF JACKSON, STATE OF OREGON 6 ) 7 STATE OF OREGON Case No.: ) IZ SOD I3 8 City of Ashland, ) 9 ) Plaintiff, ADMINISTRATIVE WARRANT ) 10 V. 11 Bruce Robertson, Entryss Robertson, 12 Defendant. j 13 14 TO: The City of Ashland Fire Marshal, or any of her designated 15 representatives 16 RE: Premises located at 707 Heiman Street consisting of Tax Lot(s) 391E04BC 10 17 under the ownership and/or control of Bruce Robertson/Emryss Robertson. Nothing 18 herein limits the ability of owners or renters to consent to entry. 19 20 IN THE NAME OF THE STATE OF OREGON, CITY OF ASHLAND, JACKSON 21 COUNTY 22 23 WHEREAS, the City of Ashland Fire Marshal and her authorized representative 24 are authorized by the Ashland Municipal Code 9.04.050 to enter the premises for th 25 purpose of abating violations.of the Ashland" Municipal Code, including specificall 26 violations of the weed abatement chapter that exist on the subject property; and 27 WHEREAS, based on the accompanying affidavit(s), it appears that the Owners 28 of the premise's have refused to allow City Officials and representatives to enter th PAGE 1- ADMINISTRATIVE WARRANT City of Ashland 20 E. Main Street Ashland, OR 97520 1 property to abate and seize any weeds that are in violation of the Ashland Municipa 2 Code. It is appropriate to issue an administrative warrant for the purpose of abatin 3 and seizing all weeds in violation of the Ashland Municipal Code because authorize 4 representatives of the City of Ashland have been refused full entry to the premises fo 5 the purpose of weed abatement: 6 707 Heiman Street, 391E0413C 100 7 THEREFORE, YOU ARE HEREBY AUTHORIZED AND COMMANDED to ente 8 the above-described property to abate and seize weeds in violation of the Ashland 9 Municipal Code Chapter 9.04. This warrant authorizes you to enter the property on th 1o following date(s): 8/23/2012 through 8/31/2012. Entry may occur between the hour ii of 7:30 A.M. and 7:30 P.M. on any or all of the. above dates. 12 You are authorized to obtain the assistance of the City of Ashland P011c 13 Department to gain access to the property and for security. Return the warrant to th 14 Municipal Court within ten working days of final execution thereof. Report an 15 obstruction or noncompliance by the property owner(s) or others to the Police and th 16 Court immediately. Use of forcible entry to the gates, fences, or structures on th 17 property that obstruct access to the location of the weeds (including locksmith services 18 is authorized to gain access. This warrant shall be executed not later than 5:00 P.M. 19 8/31/2012. 20 DATED at 1% (h-0 D , Oregon, at y .m., this day of 21 fu d I° , 2012. 22 P9, Z:fUL _ _r_ 23 Honorable Pamela B. Turner Ashland Municipal Court Judge 24 25 26 Note date/time/location/and manner of service hereon: 27 S/2,B/2viz- 0813 fos41_d 40 fro,f door. ~k-,jockej SeVL1.1 41 ff n0 lnSwcr 28 8/1$/ Zv 12 0730 116vs~d +o fro4 door. PAGE 2 - ADMINISTRATIVE WARRANT City of Ashland 20 E. Main Street Ashland, OR 97520 1 2 3 4 IN THE MUNICIPAL COURT OF THE CITY OF ASHLAND 5 . COUNTY OF JACKSON, STATE OF OREGON 6 ) 7 STATE OF OREGON Case No.: 8 City of Ashland, j 9 ) AFFIDAVIT IN SUPPORT OF Plaintiff, ) ADMINISTRATIVE WARRANT 10 v. j 11 Bruce Robertson, Emryss Robertson 12 Defendant. 13 STATE OF OREGON ) 14 )Ss. 15 County of Jackson ) 16 17 I, Tim Dundas, being first duly sworn, do hereby depose and say that the following is true to the best of my knowledge and belief: 18 19 1. 1 am the Weed Abatement Coordinator for Plaintiff, City of Ashland. 2. On July 12, 2012, a "notice to abate" was posted to the front door of 707 zo 21 Helman Street advising that weeds and grass were required to be abated 22 by July 31; 2012. 3. On July 13, 2012, I made phone calls and left messages informing both the 23 24 owner (Bruce Robertson) and the current occupant (Emryss Robertson) 25 that the property was out of compliance regarding weed abatement and , 26 requested a call back. 27 28 PAGE 1- AFFIDAVIT IN SUPPORT OF MOTION City of Ashland FOR SHOW CAUSE ORDER FOR 20 E. Main Street PROBATION - Ashland, OR 97520 1 4. On July 18, 2012, I received a call back from Emryss Robertson. She 2 sounded willing to comply and confirmed that she had received the notice 3 from the front door. 4 5. On August 1, 2012, I re-inspected the property and found that weed 5 abatement had not been fully completed. At this time I was able to meet 6 with Emryss Robertson on site and tour the property. I found that 7 appropriate weed abatement had occurred around the house, but 8 significant work was still required around the property's perimeter and 9 driveway. Because effort had been made I granted an extension until 10 August 10, 2012 and explained in detail to Emryss Robertson what work 11 . still needed to be completed. 12 6. On August 13, 2012, I received two phone messages from Bruce Robertson 13 in the late afternoon. I called back and left a message. 14 7. On August 14, 2012, I made two more attempts to contact Bruce Robertson 15 by phone. There was no answer and I left one message requesting a call 16 back as soon as possible. I advised him that if I did not hear back from 17 him, the city would need to take further action to get the hazard abated. 18 8. On August 15, 2012, re-inspection of the property showed that additional 19 work had been attempted but was insufficient to reduce the fire hazard. 20 9. On August 20,2012, 1 returned to the property with the Fire Marshall, 21 Margueritte Hickman, to issue a citation and photograph the property as 22 evidence supporting a warrant. No citation was issued because we were 23 unable to make contact with the occupant. I later attempted contact with 24 Emryss Robertson by phone and left a message requesting that she call me 1.11 25 back and schedule a time to meet at the property. 26 10. As of August 21, 2012, neither Bruce Robertson nor Emryss Robertson 27 have made any attempt to contact me and the weed abatement 28 requirements for the property remain unmet. PAGE 2 - AFFIDAVIT IN SUPPORT OF MOTION City of Ashland FOR SHOW CAUSE ORDER FOR 20 E. Main Street PROBATION Ashland, OR 97520 1 2 DATED this 2,?Jay ofA0jv-4 •2012. 3 By: City of Ashland 4 CJ~^^ 5 Tim Dundas, Weed Abatement 6 Coordinator 7 e SUBSCRIBED AND SWORN to before me this 22 day of 2012. 9 nn 10 Yt~~L+U OFFICI LSEAL 11 KIMBERLEY SUE SUMMERS Notary Public for Oregon NOTARY PUBLIC - OREGON 12 S I XP S COMMISSION P 0 0 N0.43 2 22 1 MY Commission EXPires: laOIN CO 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 3 - AFFIDAVIT IN SUPPORT OF MOTION City of Ashland FOR SHOW CAUSE ORDER FOR 20 E. Main Street PROBATION Ashland, OR 97520 AARON,S LAWN SERVICE 1101 COMETAVE. Invoice CENTRAL POINT.OR. 97502 DATE INVOICE # CELL # 541890 3883 8/29/2012 132 BILL TO CITY OF ASHLAND / ASHLAND FIRE & RESCUE 455SJSKIYOU BLVD. ASHLAND OR.97520 DESCRIPTION AMOUNT 707 HEIMAN STREET WEED-EAT 15'PERIMETER AROUND LOT # 100 INCLUDING BOTH SIDES OF 500.00 DRIVE WAY,4" MAX. ALSO INCUDES INSURANCE FOR THE CITY OF ASHLAND 2500 DUE UPON RECEIPT Total 5zs.oo CITY OF ASHLAND Administrative hours coordinating weed abatement at 707 Hehnan St. 7-12-2012: initial inspection/notification 0.5 hours 7/12-7/18: phone conversations, attempts to contact, contact searching: 0.5 hours 8/1/2012: Meeting on-sight to explain requirements 0.5 hours 8/20/2012: re-inspection with Fire Marshal 0.5 hours 8/22-8/24: Court documents, contractor bid/selection process 1.5 hours 8/28/2012: On-sight with contractor while working 4.0 hours 8/29/2012: On-sight with contractor while working 3.0 hours Total hours coordinating weed abatement at 707 helman St: 10.0 hours Cost/hour $15.00/hour Total administrative cost:' $150.00 1• ASHLAND FIRE & RESCUE 455 Slsklyou Boulevard OW Ashland, OR 97520 (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 VIED ON KGc DPMER CITY OF ASHLAND October 8, 2012 Bruce Robertson, owner Robin Robertson, owner Emryss Robertson, tenant 707 Helman Street Ashland, OR 97520 To Whom It May Concern: Please find enclosed a bill for the cost of the abatement of weeds at 707 Helman Street plus the administrative administrative fee. Please remit payment for the abatement no later than November 15, 2012. Failure to pay the abatement charges in full will result in a lien against'tlie property. Sinc ely, ar tT ritte Hickman Division Chief Fire & Life Safety Cc: City of Ashland Legalbepattment WIAnI~ ~~IgllZ - ~kc~ass ASHLAND FIRE & RESCUE 455 Sisk'ryou Boulevard Ashland, OR 97520 (541) 482-2770 • Fax (541) 488-5318 - TTY: 800-735-2900 PAIMFO ON AEtYCtEe PP➢Efl CITY O F STATIJTIOl~1 C.:~ ~S H LAN D 1\.9-. STATEMENT Ashland Fire & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 r)ATti October 8, 2012 (541) 482-2770 - Fax (541) 488-5318 INCIDENT Bruce& Robin Robertson COMMINT's Need Abatement-707 Heiman Ernryss Robertson 707 I-Ielman Street Ashland, OR 97520 Desc4ti.n u 1 Hours Rate Tot41: Contractor Weed Abatement Costs $ 525.00 Adminstrative Costs 168:10- S Certified Return Receipt Mailing -5.95. i My r r ,e TOTAL :-'699:05 CITY OF ASHLAND October 24, 2012 Bruce Robertson 707 Helman Street Ashland, OR 97520 Dear Mr. Robertson: Please find enclosed a copy of a weed abatement citation. The original citation for weed abatement was delivered to Emryss Robertson at 707 Helman Street on October 22, 2012, at 1106 hours, in accordance with Ashland Municipal Code 1.08.005 Substituted Service. Mailing this letter and a copy of the citation through first class mail completes the requirements for substituted service. Sieg~ue' y, Hickman 44~~ ivision Chief Fire & Life Safety ASHLAND FIRE & RESCUE 455 5(sktyou Boulevard 11(x, Ashland, OR 97520 /r (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 PRONEO ON REMEO MR CITY OF. ASHLAND October 24, 2012 Robin Robertson 707 Helman Street Ashland, OR 97520 Dear Mr. Robertson: Please find enclosed a copy of a weed abatement citation. The original citation for weed abatement was delivered to Emryss Robertson at 707 Helman Street on October 22, 2012, at 1106 hours, in accordance with Ashland Municipal Code 1.08.005 Substituted Service. Mailing this letter and a copy of the, citation through first class mail completes the requirements for substituted service. Si e ly, M guise e is an Di ision Chief Fire & Life Safety' ASHLAND FIRE & RESCUE 455 Siskiyou Boulevard Ashland, OR 97520 /r (541) 482-2770 • fax (541) 488-5318 TTY: 800-735-2900 RROREO ON RECYCLED FABER CITY OF ASHLAND Council Communication September 17, 2013, Business Meeting Authorization to proceed with contract exceeding $100,000 for the Ashland Rotary Centennial Ice Rink cover FROM: Don Robertson, Parks and Recreation Director, don.robertson@ashland.or.us SUMMARY This is a request for Council approval to expend $251,200 out of the Parks Capital Improvement Fund for a contract with Vitus Construction to replace the Ashland Rotary Centennial Ice Rink cover. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Rotary Centennial Ice Rink has not had a cover since it was destroyed by an oak tree in 2007. A cover over the ice rink allows the rink to be used on rainy days and prevents the ice from softening on sunny days, thus allowing the community to get more use out of the rink during the winter months. The Parks Commission approved the project at a special meeting on August 30, 2013. Three bids were received for the ice rink cover, with Vitus Construction submitting the low bid. FISCAL IMPLICATIONS: The overall cost for the tent, foundation and installation is $251,200. The low bid from Vitus Construction was $268,700. The contractor and Parks staff identified a savings of $17,500 to reduce the total project cost to $251,200. The money has been budgeted in the Parks Capital Improvement Fund. The original amount budgeted was $122,000 and additional funds will be made available as a result of changing costs associated with a successful state grant for Ashland Creek Park development, allowing this project to move forward along with the Ashland Creek Park project. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of funds in order to award contract and proceed with construction. SUGGESTED MOTION: I move to approve acceptance of the low bid and funding for the Ashland Rotary Centennial Ice Rink Cover in the amount of $251,200. I ATTACHMENTS: Bid Tabulation Form Revised Bid-Vitus Construction Page I of 1 ~r, a a_ z w O O 0= 0 N U ~ N U_ C1 Q o m O N ~ O N n J 00 O (D r~ o N Z Q C) Z H O O W mH rnW O N CO (O ~ (n 5 W F- fA N ,Z) 3 fR o U a W a m o H ¢ Q U n z O a 0 z 00 v O o o °o W (O M M Q I ffl z K F Q d E z r 00 O m f11 (C) 0 It 0 0 LO U) ° W Cl) m N Cl) Cl) N m rn b9 V> Vf `n 0 o M r o o U o U Z Z ` O Z O w it O LL 0O wo U 1- U C O Y ro Z) ? E a F- O Z U W= 2 W 0 U ? Z U `m m ¢ U O ~E z 0 Fci U Zn~ w Z W (n g_a c - N ~ w = o F F Fn a< Om m QOU m i$VITUSONSTRUCTION INC. September 11, 2013 Ashland Parks and Recreation Attn: Don Robertson, Director 340 South Pioneer Street Ashland OR 97520 Re: Ashland Ice Rink Cover Project No. 000305.999 / Don, l h~ ta`r'' Please find a list of possible cost reduction itemsyaj~follo~ w~~~ 1. MTY has offered a reduction for the "Tent Install"- Package which would provide a saving js/of ($,41,0 00.00) 2. Owner to provide services for the "Work,Zone and Traffi Control" which would provide a savingfof J' 1,600 00)' r l f f . 3. Owner to provide services for thZ-.11,12 "Erosion Control" which would provide a savings of 1,200 00)F4. Owner to provide services for¢thTree Protection" which"ji ` would provide a savings of l$ j , 000) f ' I~A 51. Owner to provide services fo the "SurveyWork'ich viould provide a savings of r t1 31000 00) rr 9 6. Owner to provide servicerforith Concrete Work" which Kkg k would provide a savings W-", all '($."5 ,000 00)a I ~A y tihi W C n 7. Owner to provide' services:for theytAsphalt Patch;,which would provide a savings ;off 1' ' ` ' x 000 00), q z } Items 1-7 would result In a cost savings df ~ ~ /1 ({q$1v 7,500 00) P.O. Box 1097 i'Gold Hill OR 97525-- t Phone: 541.855.7177 • Fax: 541.855.7520 • E-mall Corey@vifuscmisfnicfio'n coin CCB 063643 _ a y . t . : ! Original Bid Amount $268,700.00 Items 1-7 Reduction in cost 17,500.00) Revised Contract Amount $251,200.00 Please accept this revised quote of $251,200.00 (two hundred fifty one thousand two hundred & 00/100 dollars) based on the original quote with seven cost reducing items. Thank you for the opportunity to re-evaluate this project. Sincerely, • d Corey E. Vitus President x' • r 1' r ;i CITY OF ASHLAND Council Communication September 17, 2013, Business Meeting An ordinance amending chapter 18 of the Ashland Municipal Code relating to traveler's accommodations in multi-family zoning districts, including enforcement associated with transient lodging. FROM: Bill Molnar, community development director, bill.molnar@ashland.or.us SUMMARY The proposed ordinance would amend and add standards to Chapter 18, Land Use, of the Ashland Municipal Code for operating a traveler's accommodation in a multi-family zoning district. The changes stipulate that a business license, transient occupancy tax registration and land use approval be obtained prior to operation of a traveler's accommodation. Additionally, the changes would require a safety inspection by the Fire Department before commencing the use and on a semi-annual basis thereafter. The amendments also make it violation to offer or present a traveler's accommodation for lease before the prerequisite city permits and licenses are in hand. BACKGROUND AND POLICY IMPLICATIONS: At its August 19, 2013, meeting, Council chose not to pursue changes to the land use code that would remove the requirement that the business owner reside on the same property as a short-term transient lodging. At the meeting, the Council directed staff to prepare an ordinance that set some additional standards for the operation of traveler's accommodations in multi-family zoning districts (R-2, R-3). The Council kicked off a review of the City's land use requirements for short term lodging in multi- family zoning districts back in August 2012, seeing an opportunity to evaluate impacts, advantages and other issues associated with various types of short term transient lodging. Both the Planning and Housing Commissions held public meetings to collect information and present their recommendation to the Council on the subject. In the end, due to concerns about potential negative impacts to Ashland's neighborhoods, a majority of Council members chose to maintain the existing standard that requires the business-owner of short-term transient lodging in a multi-family zone (R-2, R-3) to reside on the property. , While the Council decided not to permit short term home rentals without the presence of an on-site business owner, they did support moving ahead with several other code changes that had been proposed to clarify and set clear expectations for operators of existing and future traveler's accommodations. The amendments make it explicit that the business owner must maintain a current business license and pay City transient occupancy tax. Also, since visitors to a short term establishment lack the same familiarity with the property as does a full-time resident household, a fire inspection will be required to ensure the safety of visiting occupants. Lastly, offering or presenting the availability of property for use as a traveler's accommodation without land use approval, a current Page I oft mAi, CITY OF ASHLAND business license and transient occupancy tax registration is considered a violation of the municipal code. This provision will assist City code compliance in identifying properties advertised as short term transient lodging, that have not obtained the necessary approvals. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of first reading of the ordinance. SUGGESTED MOTION: I move to approve first reading of an ordinance titled, "An ordinance amending Chapters 18.08, 18.24.030, 18.28.030 and 18.112 of the Ashland Land Use Ordinance relating to definitions, traveler's accommodations in multi-family residential districts and enforcement associated with transient lodging" and move the ordinance on to second reading. ATTACHMENTS: • Proposed ordinance • Minutes - August 19, 2013 council study session Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.08, 18.24.0309 18.28.030 AND 18.112 OF THE ASHLAND LAND USE ORDINANCE RELATING TO DEFINTIONS, TRAVELER'S ACCOMMODATIONS IN MULTI-FAMILY RESIDENTIAL DISTRICTS AND ENFORCEMENT ASSOCIATED WITH TRANSIENT LODGING. Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City Council has determined that preservation of the character of residential neighborhoods is a legitimate and beneficial goal; and WHEREAS, the City Council has found an increasing number of residential dwellings are being rented to transients on a short-term basis for less than thirty (30) days; and WHEREAS the City Council has determined the City has a substantial interest in ensuring that all transient occupancy tax required to be collected and remitted is in fact collected and remitted on a fair and equitable basis; and WHEREAS, the City Council has determined it is necessary to establish rules and regulations to permit transient lodging within the City in order to ensure the safety and convenience of transients, and to preserve the peace, safety and general welfare of the long-term resident of neighboring properties; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on June 11, 2013; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and Ordinance No. Page 1 of 9 WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.08 [Definitions] of the Ashland Land Use Ordinance is hereby amended to newly include the following definitions: 18.08 Definitions 18.08.605 Primary Residence The property that the taxpayer uses a majority of the time durine the year ordinarily will be considered the taxpayer's principal residence. In addition to the taxpayer's use of the property, relevant factors in determining a taxpayer's principal residence, may include, but are not limited to: (i) The taxpayer's place of employment; (ii) The principal place of abode of the taxpayer's family members; (iii) The address listed on the taxpayer's federal and state tax returns, driver's license, automobile registration, and voter registration card; (iv) The taxpayer's mailing address for bills and correspondence; (v) The location of the taxpayer's banks; and (vi) The location of religious organizations and recreational clubs with which the taxpayer is affiliated. 18.08.795 Traveler's Accommodations Transient lodging Any establishment in a residential zone having rooms or dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to be paid for rental or use of such facilities for a period of less than thirty (30) consecutive days. SECTION 2. Chapter 18.24.030 [R-2 Low Density Multifamily Residential District] of the Ashland Land Use Ordinance, is hereby amended to read as follows: 18.24.030 Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with the chapter on conditional use permits: A. Churches and similar religious institutions. B. Parochial and private schools, business, dancing, trade, technical, or similar schools. C. Manufactured housing developments subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. Ordinance No. Page 2 of 9 F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs and the uses listed in subsection E above. H. Wholesale plant nurseries, including accessory structures. 1. Retail commercial uses located in a dwelling unit within the Railroad Historic District approved by the City Council. Such business shall be no greater than six hundred (600) sq. ft. in total area, including all storage and accessory uses, and shall be operated only by the occupant of the dwelling unit uses, and the equivalent of one (1) half ('/2) time employee (up to twenty-five (25) hours per week). Such use shall be designed to serve primarily pedestrian traffic, and shall be located on a street having a fully improved sidewalk on at least the side occupied by the business. The street shall be a fully improved street of residential City standards or greater. I (Ord. 262 4 S2, 1991; deleted Ord. 2942 S2, 2007) J. Traveler's accommodations, subject to the following: 1. T4atztAll residences used for travelers accommodation must be business-owner occupied. During operation of a traveler's accommodation, the property on which the traveler's accommodation is sited must be the primary residence of the business-owner. The business owner shall be required to reside on the property oceupied by the " ad atien •'a eeetipaney shall be det.,,.mined as the tfayeler+e e,l..tien l..e tion being the pfifne'• sidenee of the owner duffing o ration a the "eue--,-- adage.. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must te-specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 S1, 1997) 2. The property is located within 200 feet of a boulevard, avenue, neighborhood collector as identified on the official Street Dedication Man in the City's Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. 3.4 Tha4 the The number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the business-owner's ewner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation.units shall not exceed n 9 per approved traveler's accommodation with primary lot frontage on boulevard arterial streets. For traveler's accommodations without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue or neighborhood collector street, the The-maximum number of units shall be seven., e_ appreved ifavclcf's ea"tie., ..:a, . n. let f enteee e designated ee ,.vllw eetwea « street..., of f «traveler's e ed tiens not L....,ing w,u mw.. Ordinance No. Page 3 of 9 image on an ai4erial and within 200 f of an °-teriale Street designations shall be as determined by the official Street Dedication Map of the Ashland Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. Dicta nees shall be measured via a publie street , alley aeeess to the site from the olleetor , ^-'°-:al b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 4.5: That the The primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for traveler's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage of the underlying zone. 5.2-. That Each accommodation unit shall must have one (1) off-street parking space and the owner-'s business-owner's unit shall must have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 6.3 That enly Only one ground or wall sign, constructed of a non-plastic material, non- interior illuminated of 6 sq. ft. maximum size is be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler's accommodation in violation of 18.72.110. 7.6: Transfer of business-ownership of a traveler's accommodation shall be subject to all requirements of this section and conformance with the criteria of this section. All traveler' s accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business- ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 8.-7-. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8.T-hat the property on whieh the traveler-'s neeommodation is operated is loeated within 200 feet of a eolleetor or arter-6al street as designated in the City's Comprehensive Plan. Distanees shall be measured vis a publie street Or- alley neeess to the site from the eolleetor or arterial. 9. Traveler's accommodations must meet all applicable building, fire and related safety codes at all times and must be inspected by the fire department before occupancy following approval of a conditional use permit and periodically thereafter pursuant to Chapter 15.28. 10. The business-owner must maintain a city business license and Day all transient occupancy tax in accordance with Chapter 4.24. and Chapter 6.04 of this code as required. 11. Advertising for any traveler's accommodation must include the City of Ashland Planning Action number assigned to the land use approval. 12. Offering the availability of residential property for use as a travelers accommodation without a valid Conditional Use Permit approval, current Ordinance No. _ Page 4 of 9 business license, and Transient Occupancy Tax registration is prohibited and shall be subject to enforcement procedures. L. Hostels M. Disc antenna for commercial use. N. Nonconforming use or structure changes required by Section 18.68.090. 0. New structures and additions to existing structures within a designated Historic District which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general regulations set forth in Section 18.24.040. P. Temporary uses. Q. Wireless Communication Facilities when attached to existing structures and authorized pursuant to Section 18.72.180. SECTION 3. Chapter 18.28.030 [R-3 High Density Multifamily Residential District] of the Ashland Land Use Ordinance, is hereby amended to read as follows: 18.28.030 Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits: A. Churches and similar religious institutions. B. Parochial and private schools, business, dancing, trade, technical or similar schools. C. Manufactured housing developments, subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor, or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs, and the uses listed in subsection E above. H. Wholesale plant nurseries, including accessory structures. 1. (Ord. 2624 S3, 1991; ED Ord 2942 85.2007) 1. Traveler's accommodations, subject to the following: 1. That-a-All residences used for travelers accommodation must be business-owner occupied. During operation of a traveler's accommodation, the property on which the traveler's accommodation is sited must be the primary residence of the business-owner. The business owner shall be required reside on the..-,.pelt.. ....e::y...... by :ed by the accommodation, $iaa occupaiacT3r all be determined as he trffi,el"icr">„ na~hmrr-vcccc-cxm~xcv trixc-rcava the aeeemffledation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must to-specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations Ordinance No. Page 5 of 9 associated with the accommodation, and has actual ownership of the business. (ORD 2806 S1, 1997) 2. The property is located within 200 feet of a boulevard, avenue, neighborhood collector as identified on the official Street Dedication Map in the City's Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. 3.4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the business-owner's ewtter's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed n 9 per approved traveler's accommodation with primary lot frontage on boulevard arterial streets. For traveler's accommodations without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue or neighborhood collector street, the The-maximum number of units shall be designated eelleeter streets; er fer traveler's aeeemmodations flet having aPfiffi-4en4age en a u is a inn feet of af..._«„_:,., Street designations shall be as determined by the official Street Dedication May of the Ashland Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. Dist nees shall be neas,.rcd via a publiie si_eet , alley aeeess to the b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 4.5-. T-hat-the The primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for traveler's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage of the underlying zone. 5.2-. That eaeh Each accommodation unit shall must have one (1) off-street parking space and the owner's business-owner's unit shall must have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 6.3 That only Only one ground or wall sign, constructed of a non-plastic material, non- interior illuminated of 6 sq. ft. maximum size is be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler's accommodation in violation of 18.72.110. 7.6 Transfer of business-ownership of a traveler's accommodation shall be subject to all requirements of this section and conformance with the criteria of this section. All traveler' s accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business- Ordinance No. _ Page 6 of 9 ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 8.7-. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. &T-hat the property on Melt the tr-n 'mil""'^ mod°tion is operated is located within 200 feet of it eolleetor or arterial street as designated in the Cib,ls Comprehensive Plan. Distances shall be measured via a public street or alley 9. Traveler's accommodations must meet all applicable building, fire and related safety codes at all times and must be inspected by the fire department before occupancy following approval of a conditional use permit and periodically thereafter pursuant to Chapter 15.28. 10. The business-owner must maintain a city business license and pay all transient occupancy tax in accordance with Chapter 4.24 and Chanter 6.04 of this code as required. 11. Advertising for any traveler's accommodation must include the City of Ashland Planning Action number assigned to the land use approval. 12. Offering the availability of residential property for use as a travelers accommodation without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration is prohibited and shall be subiect to enforcement procedures. K. Structures in excess of thirty-five (35) feet in height, not to exceed 50 feet in height. L. Hostels M. Disc antenna for commercial use. N. Enlargement, extension, reconstruction, substitution, structural alteration or reactivation of nonconforming uses and structures pursuant to Section 18.68.090. 0. New structures and additions to existing structures within a designated Historic District which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general regulations set forth in Section 18.28.040. P. Temporary uses. Q. Wireless Communication Facilities when attached to existing structures and authorized pursuant to Section 18.72.180. SECTION 4. Chapter 18.1 12.080 [Violations - nuisance), of the Ashland Land Use Ordinance, is hereby replaced and amended to read as follows: 18.112.080 Violations--nuisance Any building of stfuettife set tip, ereeted, eenstmeted, altered, enlarged, eafivei4ed, moved e maintained eentfary to the previsions of this Title, and an), use ef land, building, er premise established, eefidtieted, apefated, of fflaintained contfary to the provisions of !his Title, shall the City fliay, ef upen erder of the Gib, Ceuneil shall, immediately eemmenee aefieft 6 law, and fflay take stieh ether steps and apply to sueh eetii4s as may have jurisdiefieti to gfitnt stieh relief as will abate and remove such buildings or prevent any person ffem setting W, Ordinance No. Page 7 of 9 ereeting, Ming, bui maiiitaining, using an), to the provisions of this Title. The femedies provided for hereiii shall be etifflulative and not exelusive. Section 18.112.080 Violations - nuisance A. The following shall be and are hereby declared to be unlawful and a public nuisance: 1. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Title, 2. Any use of land, building, or premise established, conducted, operated, or maintained contrary to the provisions of this Title: and 3. Offering by means of newspaper, radio, television or Internet advertising or by means of other displays for public view any use of land, building, or premise established, conducted, operated, or maintained contrary to the provisions of this Title. B. The code compliance specialist or City Attorney of the City may, or upon order of the City Council, shall immediately commence action or proceeding for the abatement and removal and enjoinment of any public nuisance as defined in Section A above in the manner provided by law, and may take such other steps and applied to such courts as may have jurisdiction to grant such relief as will abate and remove such buildings, conditions, or conduct. C. The remedies provided for herein shall be cumulative and not exclusive. SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 6. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was.first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of 12013. Barbara M. Christensen, City Recorder Ordinance No. Page 8 of 9 SIGNED and APPROVED this _ day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 9 of 9 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, August 19, 2013 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:33 p.m. in the Siskiyou Room. Councilor Rosenthal, Voisin, Morris, Slattery, and Marsh were present. Councilor Lemhouse was not present. 1. Look Ahead review City Attorney Dave Lohman reviewed items on the Look Ahead. 2. Normal Avenue Neighborhood Plan update Item moved to the August 20, 2013 Council Meeting. 3. Unified Land Use Ordinance project update Item moved to the August 20, 2013 Council Meeting. 4. Discussion of proposed ordinance changes regarding short-term home rentals Mayor Stromberg listed the legal ways to have short-term rentals in Ashland, starting with the definition of Hotel under Ashland Municipal Code (AMC) Chapter 18.08.320 as a building used to provide lodging for compensation and no provisions for cooking in the lodging rooms. The code allowed hotels in commercial and employment zones, C-1 and E-1, required a Conditional Use Permit (CUP) found under AMC Chapter 18.104 with approval criteria under Section 18.104.050. Motels were similar to Hotels in definition and CUP requirements. AMC 18.08.795 defined traveler's accommodations as an establishment in a residential zone renting rooms or dwellings to travelers for a fee and less than thirty days. The code allowed traveler's accommodations in residential zones R-2 and R-3 but not R-1. Conditional uses for traveler's accommodations under AMC 18.24.030 R-2(K) required the business owner to reside on the property. Each accommodation unit had one off-street parking space and two parking spaces for the owners in conformance with the Off-Street Parking section, along with appropriate business signage. The total number of units was determined by dividing the total square footage of the lot by 1800 square feet (sq. ft.). The maximum number of units would not exceed nine for traveler's accommodations with primary lot frontage on arterial streets, seven for accommodations with primary lot frontage on designated collector streets, or accommodations not having primary frontage on an arterial and within 200-feet of an arterial. The minimum area of the structure was 400 sq. ft. of gross interior floor space remaining per unit. The primary residence on the site had to be at least 20 years old and could be altered and adapted for travelers' accommodation use. Transfer of business-ownership of a traveler's accommodation was subject to all the requirements and conformance of AMC 18.24.030. The traveler's accommodation property needed to be within 200 feet of a collector or arterial street. City Attorney Dave Lohman explained the definitions established 20-30 years prior were difficult because they crossed several lines. Bed and Breakfasts (B&Bs) were typically in R-2 and R-3 zones and could exist in C-1 and E-1 zones under the definition of Hotel if the owner went through the CUP process. Community Development Director Bill Molnar added B&Bs in C-1 and E-1 zones were not subject to the within 200-feet from an arterial or collector requirement and had to pay TOT (Transient Occupancy Tax). Bed and Breakfasts that did not offer meals still fell under the B&B category. The City allowed vacation cottages with an owner onsite in R-2 and R-3 zones and vacation homes without an owner on site in C-1 and E-1 zones. R-2 and R-3 zones required an owner onsite and C-1 and E-1 zones did not. In addition, it was legal in R-2 and R-3 zones to have buildings where the owner resided and rented out rooms short-term, or the owner lived on the property and rented a stand-alone dwelling short-term. This could apply to residential accessory units as well. An owner could move into their accessory unit and rent out their home short-term if it was at least 20 years old. Mayor Stromberg explained short-term home rentals (STHR) were legal in C-1 and E-I zones with a CUP and not legal in R-1, R-2, or R-3 zones. Mr. Molnar explained staff conducted initial code compliance after reviewing several websites and compiled a list of 55-70 locations in town for short-term accommodations not approved by the City. Approximately 70% were in the R-I zoning district. Staff sent out letters with a follow up letter to owners who did not respond and a citation if the owner failed to respond to the second notification. Often neighbors documented activities occurring at the STHR and forwarded that information to the City. In general, no one complies until the police issue a citation and the owner goes to court to answer the City on operating illegally. Ina recent action, the judge ruled not guilty because it was not clear a transaction had occurred. Mr. Lohman noted the earlier provision proposed making advertising an illegal home rental a violation. Currently only six STHRs out of compliance could come into compliance. There were 2,100 parcels in the R-2 and R-3 zones eligible to become STHRs, 1,500 within the 200 feet of a major street. The majority of accessory residential units were located in the R-1 zone. Councilor Morris was not in favor of anything that took away from long-term rentals, and did not support short-term rentals where the owner was not on site. He thought the 20-year old house rule and the requirement to be within the 200 feet of an arterial or collector was arbitrary. Councilor Slattery did not support non-owner occupied STHRs. Councilor Rosenthal did not support expanding STHRs. Councilor Marsh did not support expanding beyond the 200-foot parameter and would have supported some non-owner occupied permits within the current zone requirements with analysis a year later. Councilor Voisin thought both the 200-foot rule and 20-year-old housing requirement were also arbitrary and suggested expanding the 200-foot rule to 400-500 feet. She was open to both owner or non-owner occupied requirements. Council majority wanted a separate Study Session to discuss R-1 while other comments included keeping R-1, R-2 and R-3 discussions together or the necessity of having a meeting when most likely Council would not approve opening the R-1 to STHRs. Staff would re-write the ordinances, add definitions, fire inspection, business license information and an advertising provision for R-2 and R-3 zones for a future Council meeting along with the original code. At that time, Council would review the proposed changes and the Planning Commission's recommendation. Council would also have a Study Session regarding STHRs in the R-1 zone. Meeting adjourned at 7:25 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY OF ASHLAND Council Communication September 17, 2013, Business Meeting An Ordinance Amending AMC Chapter 6.04, Business Licenses FROM: David Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY The attached proposed ordinance would amend Ashland's current business licensing requirements to explicitly include short-term home rentals as a form of business enterprise; clarify application of these requirements to certain other types of rentals; and clarify the circumstances under which only one business license is required for two or more related business activities. BACKGROUND AND POLICY IMPLICATIONS: A strong legal case can be made that Ashland's current business licensing ordinance already applies to provision of all transient lodging, as defined in AMC 4.24.010, but clarification and correlation of terms with other ordinances affecting transient lodging would likely facilitate both compliance and enforcement. The rationale for licensing transient lodgings as a business in Ashland also logically applies to long- term rentals. Accordingly, the proposed revisions to the City's ordinance on business licensing include making it apply to lessors who rent out two or more dwelling units in Ashland for periods of 30 consecutive days or more. Current Code provision 6.04 requires a business license only if the lessor is renting out six or more "properties" for 31 days or more. Other changes to the ordinance on business licensing are proposed for purposes of consistency with other sections of Ashland's Code and improving clarity. The following list summarizes the noteworthy proposed changes to the business licensing requirements in AMC 6.04. 1. The key term defined in Section 6.04.020A is proposed to become "business activity" instead of just "business" and is defined so as to unambiguously include rental activities, including rental of any transient lodgings and rental of two or more dwelling units for continuous periods of 30 days or more. 2. The required "intent to. make a profit" in current section 6.04.020A is recast as the "intent of receiving payment or other valuable consideration".: Owners renting out their houses, for example, may have multiple objectives that possibly could include partially offsetting their expenses without making a profit. 3. A new definition of "transient lodging" is included to clarify that all short-term lodging rental activities require a business license. 4. A broad definition of "rental activity" is added. Page 1 of 2 11FAW&, CITY OF ASHLAND 5. New definition of "person" adds limited liability companies. 6. New definition of "owner" adds persons who actively engage in operation of the business activity, whether or not they are owners of the property. 7. Ability of two or more related business activities to be undertaken on the same premises under one business license is limited to related businesses having a single taxpayer identification number. 8. Ability of two or more related business activities to be undertaken at separate locations under one business license is limited to related businesses having a single taxpayer identification number. 9. Exemption from business license requirement for rental of dwelling units for periods of 30 consecutive days or more is limited to one such dwelling unit. 10. Uncompensated home exchanges are exempted from the requirement to have a business license. 11. A material change in the business activity for which a license has been issued requires a new business license. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the proposed changes to the business licensing requirements in AMC Chapter 6.04. SUGGESTED MOTION: I move to approve first reading by title only of the ordinance titled "An Ordinance Amending-AMC Chapter 6.04 Business Licenses" and to forward it on to second reading. ATTACHMENTS: Proposed Ordinance Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 6.04 BUSINESS LICENSES Annotated to show deletions s and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the applicability of the City's business license requirements to provision of certain transient lodging permitted has been unclear heretofore; and WHEREAS, exempting up to five long-term residential rentals by one owner from the requirement to obtain a City business license while requiring the owner of a single transient lodging to obtain business license would seem inequitable. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.04 is hereby amended to read as follows: SECTION 6.04.010 Purpose and Scope. The business license taxes imposed by the terms of this Chapter are for revenue purposes only. Neither the acceptance of the prescribed tax nor the issuance of the applicable license shall be constructed to constitute a regulation or approval of any business activity or a permit to engage in any activity otherwise prohibited by law or ordinance, or a waiver of any regulatory licensing requirement imposed by any other ordinance other than !his. SECTION 6.04.020 Definitions. A. Business activity. Conducting any occupation, calline, trade, profession, rental activity, r~ or other transactional activities, including rental of two (2) or more dwelling units and rental of any transient lodgings, with the intent of receiving payment or other valuable consideration. 1That profit be realized theref-Fent; and profit, 2. That the any, inur-e to the benefit of the owner- or- owners of the fietivity. B. Transient lodging. Property which is used or designed for occupancy by transients for dwelling, lodeine or sleeping purposes and which is rented or intended for rent on a Ordinance No. Page 1 of 7 daily or weekly basis to transients for a charge or fee paid or to be paid for rental or use of facilities. Hotels, motels, inns, traveler's accommodations as defined in AMC 18.08.795, short-term home rentals, mobile homes or house trailers at recreational vehicle/camping parks or other fixed locations, or other similar structures or portions thereof which meet the above criteria are transient lodgings for purposes of this Chapter 6 and Chapter 4. Pr-sfit. The eXe_eSS gross r-eeeipts ever- expense. C. Rental activity. The acceptance of payment or other valuable consideration in exchange for occupancy of two or more dwelling units of any kind for any length of time or in exchange for occupancy of one or more transient lodgings, as defined in AMC 4.24.10B for a period of less than 30 days. r'° 2ffj2 The cost of goods sold.1 rendered, expense of serviees and all other expenses or- disbursements, otherA,ise, ordinfir-ily ineidental to the operation of the business. D-. Daing or transae!jpg AEI y-RGT1orJGTR.TOT [[C[TT)eTM[OrlrtCq-RrihC CVLTJGa'C ED. Person. Includes a person, co-partner, partnership, limited liability company, or corporation. plural. Singular ineludes EE. Owner. A person having an who has a financial interest in a business activity or who and-actively engageds in the operation of said-a business activity. GF. Employee. Any individual who performs service for another individual or organization having the right to control the employee as to the services to be performed and as to the manner of performance. For purposes of this ordinance employee also means a licensed real estate sales person or associate real estate broker who engages in professional real estate activities only as an agent of a real estate broker or organization. HG.Dwellinu Unit. One or more rooms designed for occupancy by one (1) family and not having more than one (1) kitchen or cooking facility. Rental Aetivity. A per-senwho neeepts payment Nr the use of sox or more properties. SECTION 6.04.030 Business License Required. It shall be unlawful for any persons for themselves, or as agent or employee of another, to undertake a business ereeeupatien within the City of Ashland, Oregon, unless: A. Such business activity has been duly licensed as herein provided; and the license is valid at the time of the business activity; or B. The business activity is exempt pursuant to AMC 6.04.085. The license is valid at the time of the transaction. SECTION 6.04.050 License Applications. A. Applications for business licenses must shall be submitted on forms to be provided by the _ Finance Department. Every such application must shall-be signed by the owner or a duly authorized agent and must shall contain the following information: 1. Name of person or persons owning business; if orporation, the name 0` or an authorized officer; 2. Assumed business name, and phone number, if any; 3. Address of business premises and, mailing address and phone number of applicant, the owner(s) of the business activity and of its principal place of business; Ordinance No. Page 2 of 7 4. Nature of the business activi ; 5. Number of employees; 6. Emergency contact name and telephone. B. Where If the business ineludes-activities are classified in two (2) or more categories, the primary or predominant activity should be designated. C. Where If the business premises of an appliennt are situated principal place of business is outside the City, the application must shall specify the number of employees to be engaged in the transaction of the business activi within the City, and the license issued on the basis thereof, shall be only to permit the specified number of employees to ':-ansz et business conduct the business activity within the City at any one time. D. License taxes shall be computed on the basis of information contained in the application, and it shall be unlawful for any person knowingly to sign or submit a business license application containing false information. E. The City shall prepare blank business license applications and make them available at City Hall upon request. F. Failure to receive or secure a form business license application shall not relieve any person from the obligation to pay a license fee and obtain a license under this ordinance. SECTION 6.04.060 Two or More Businesses on Same Premises. If two (2) or more differently classified, but related businesses activities, are carried on in the same premises by the same owners, one license issued in the name of the business activity o which the premises are primarily appropriated, and based upon the total number of employees or other units on the whole premises, shall be sufficient for all such activities as lone as all the related business activities have a single taxpayer identification number for purposes of income tax reporting. Any business activity leased, under concession to, or owned wholly or in part by a different person or persons on the same premises must be separately licensed. SECTION 6.040.070 Two or More Business Premises. The conducting of a business or-businesses -activity at two (2) or more sepaynte-discrete locations shall, for the purposes hereof, be deemed to be separate businesses- business activities, and each s'-°.~..ll be is subject to the license ta* fee herein provided for, except that rental properties, warehouses and distributing plants used in connection with and incidental to a business activity licensed under the provisions of this Chapter shall not be deemed to be separate places of business, or branch establishments, or separate types of businesses as long as a single taxpayer identification number is used for income tax reporting for all such related facilities. (Ord. 2538 S2, 1989; Ord. 2631, 1991) SECTION 6.04.080 License T-ux Fee Schedule. A person licensed under this chapter must.shall-pay the appropriate business license fee as set by.,. Resolution. (Ord. 3047, amended 04/19/2011; Ord. 2926, amended, 06/06/2006) SECTION 6.04.085 Business License T-ftx-Exemptions. A. The following persons and activities are exempt from the license requirements imposed by the Business License Law. Ordinance No. _ Page 3 of 7 I. Persons whom the City is prohibited from licensing or taxing under the constitution or laws of the United States, the constitution or laws of the State of Oregon, or the Charter of the City. 2. Non-profit or charitable, religious or educational organizations which have received a tax exempt certificate from the Internal Revenue Service, and which devote the net proceeds from the sale of goods or services to the purpose of the organization. 3. The sale of personal property acquired for household or other personal use by the seller, provided that the total length of sale is fewer than 4 days in any one calendar year. 4. The operation of a display space, booth or table maintained for displaying or selling merchandise at any trade show, convention, festival, fair, market, or swap meet, provided that the sponsor of the event is licensed to do business. 5. Any Family Day Care Provider who regularly provides day care in the provider's home in the family living quarters, or any babysitter who goes into a home of a child to give care during the temporary absence of the parent, legal guardian, or custodian. 6. Any unincorporated business activity carried on by individuals under the age of 18. 7. Rental of lust one dwelling unit for periods of 30 consecutive days or more. 8. Dwelling-for-dwelling home exchanges in which neither owner receives monetary compensation. (Ord. 2122 1981; Ord. 2315 S1, 1984; Ord. 2631 1991) SECTION 6.04.090 Term. The business license term shall be for a fiscal year, beginning July 1 and ending June 30 of the next year, and business license taxes fees are due annually on or before July 1, of the fiscal year for which the license is required. Any material change in business activity licensed herein or any material change in a condition of approval for a business activity licensed herein automatically terminates the business license without notice and requires application for a new business license. (Ord. 2926, amended 06/06/2006) SECTION 6.04.100 Issuance of License. Upon receipt of an application duly signed and executed as hereinabove prescribed, together with the required tax fee, the Finance Department shall issue a business license to any applicant desiring to transnet or-conduct any lawful business activity within the City. If the City has knowledge that the applicant is engaging in, or proposes to engage in an unlawful activity, the City shall return the fee to the applicant, along with the reason for so doing, and shall refuse to issue a license. SECTION 6.04.105 Duplicate License. A duplicate license shall be issued upon application and payment of a fee of $10 to replace the license previously issued which was lost or destroyed. SECTION 6.04.110 Transfer of License. No transfer of assignment of any license issued under this Chapter is valid or permitted, except that when a person sells or transfers a business activity for which such license has been issued, the purchaser is not required to pay an additional license tax fee for the remainder of the fiscal year, provided the per-son selling the business seller notifies the Finance Department in writing Ordinance No. Page 4 of 7 of the transfer of the business activity. If the location of a business activity is changed, but the nature of the business activity is unchanged, the license may be transferred to the new location. SECTION 6.04.115 Consumer Protection Revocation. Any individual or firm against whom a judgment is entered for fraud related to the business activity for which the license is issued, or which occurred within five (5) years preceding the date of application, shall be subject to denial or revocation of a license to conduct business activities within the City of Ashland. Denial or Revocation are subject to the appeal process of AMC 2.30. (Ord. 3024, amended, 08/03/2010) SECTION 6.04.120 Temporary License. If a business activity licensed under this chapter is for a limited duration of not more than 30 days, the fee will be $25, regardless of the number of employees. (Ord. 2926, amended 06/06/2006) SECTION 6.04.130 Delinquent Penalty. There shall be a penalty of ten percent (10%) with a minimum of $25 added to all business license taxes fees paid later than 30 days after they are due. (Ord. 2926, amended 06/06/2006) SECTION 6.04.140 License Must be Displayed. At all times after the issuance of the business license, the licensee must shall cause it to be posted in a conspicuous place upon the business premises, available for inspection by the public and by employees and prospective employees of the business provided: A. That where the license has no office, business premises or other established place of business within the City, the license must shall be in possession of a representative of the business present within the City at all times during which business is being transacted by an employee or representative within the City. SECTION 6.04.150 Penalties. A Viol..,. ..r MC 6.04.030 10pe_ Conducting a business activity in the City of Ashland without a City business license' in need-danee with this Chapter-is a violation of AMC 6.04.030 and shall be considered a Class I violation, subject to the limitations of AMC 1.08. B. Any violation of the requirements of this chapter, not addressed in A above, shall be a Class III violation as defined by AMC 1.08 and punishable as set forth in that section. (Ord. 3024, amended, 08/03/2010) SECTION 6.04.160 Evidence of Doing Business. In the trial or hearing on of any alleged violation of this Chapter, evidence of advertisements by newspapers, radio, television, internet or other medium or by signs displayed for public view, that st" a business activity was being conducted within the City, including expressly or impliedly offering to sell goods, or, services or lodging to the public or any segment thereof, shall constitute prima facie evidence that the defendant was transaeting conducting a business activity within the City on the day or date during which such representations were made. Ordinance No. _ Page 5 of 7 SECTION 6.04.170 Confidentiality. Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to divulge, release, or make known in any manner, any financial or employee information submitted or disclosed to the City under the terms of this Ordinance. Nothing in this Section shall prohibit: A. The disclosure of the names and addresses of any persons to whom business licenses have been issued; or B. The disclosure of general statistics in a form which would prevent the identification of financial or employee information regarding an individual business licensee or applicant; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of a claim by the Finance Department; or D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures; or E. The disclosure of records related to a business's failure to report and remit the business license tax when the report or tax is in arrears for over six months. The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). (Ord 3024, amended, 08/03/2010) SECTION 6.04.180 Examining Books, Records, or Persons. The City, for the purpose of ascertaining the correctness of any license application, or for the purpose of estimating any license fee, may examine or may cause to be examined, by an agent or representative designated by it, any books, papers or payroll records, state or federal payroll reports, bearing upon the matter. SECTION 6.04.190 Appeals. Any person aggrieved by any determination of the Director of Finance with respect to the amount of such tax, interest, and penalties, if any, may appeal pursuant to AMC 2.30. The Findings of the Hearings Officer shall be final and conclusive, and shall be served upon the appellant, in the manner prescribed *bov -for the service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord. 3024, amended, 08/3/2010) SECTION 6.04.200 Records. it shall be the Every licensee to-must keep and preserve for a period of not less than 3 years such books and records as will accurately reflect the number of employees for each license year. SECTION 6.04.210 Time of Effect. This Chapter shall take effect on July 1, 1976, and remain in effect until repealed. (Ord. 1880, 1976; Ord. 1938 1977; Ord. 2142 1981; 2631 1991 ) Ordinance No. Page 6 of 7 SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of 12013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 7 of 7 CITY OF ASHLAND Council Communication September 17, 2013, Business Meeting An Ordinance Amending AMC Chapter 4.24, Transient Occupancy Tax FROM: David Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY: Under existing code provisions, all forms of short-term lodging already are subject to the Transient Occupancy Tax ("TOT"). The proposed ordinance revisions, however, would clarify expectations for operators and enforcement officials, explicitly define short-term home rentals as a form of transient lodgings, and regularize appeals. BACKGROUND AND POLICY IMPLICATIONS: The proposed provisions to AMC 4.24 explicitly recognize short-term home rentals as a type of transient lodging. A strong legal case can be made that the TOT ordinance already applies to short- term vacation rentals by owners, but clarification and correlation of terms with other ordinances affecting such vacation rentals would likely facilitate both compliance and enforcement. Other proposed changes to the transient occupancy tax requirements in AMC 4.24, are summarized below. 1. The key term defined in Section 4.24.010 is proposed to become "transient lodging" instead of "hotel" and is defined so as to unambiguously include all forms of short-term lodging for a fee, including hotels, motels, bed & breakfast establishments and short-term home rentals. 2. Transient lodgings is defined to be paid occupany for dwelling, lodging, or sleeping purposes for periods of less than 30 consecutive calendar days. Lodging for periods of more than 30 consecutive days or more is implicitly excluded from the definition to be consistent with the state statute authorizing transient lodging taxes. 3. New definition of "rent" makes clear that it means not only the amount paid to the operator for use of the lodging facilities, but also amounts paid for booking and reservations, whether or not the operator is the one receiving the payments. 4. Hostels and home exchanges are exempted from the TOT. 5. The appeal process is altered to utilize the procedures in the City's standard appeal process set forth in AMC 2.30. FISCAL IMPLICATIONS: Enforcement of TOT requirements on operators of short-term home rentals who have not previously collected such taxes from their renters will require dedication of increased staff time. At least to some extent, the added enforcement costs should be offset by increased TOT revenues to the City. Explicit application of the TOT to booking and reservation fees should slightly increase TOT revenue. The net fiscal impacts of these proposed changes are not determinable at this time. Page I of 2 Iai, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the proposed changes to the Transient Occupancy Tax in AMC Chapter 4.24. SUGGESTED MOTION: I move to approve first reading by title only of the ordinance titled "An Ordinance Amending AMC Chapter 4.24 Transient Occupancy Tax" and to forward it on to second reading. ATTACHMENTS: Proposed Ordinance Pape 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 4.24 TRANSIENT OCCUPANCY TAX Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the applicability of the State and City Transient Occupancy Tax to short term home rentals has been unclear heretofore. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.24 Transient Occupancy Tax is hereby amended to read as follows: SECTION 4.24.010 Definitions. Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter: A. Person shall-means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. B. Hotel shall mean any struetur-e, or any portion of an), strueture, whieh is , hotel, or intended or- designed for- oeeupaney by transient for- dwelling, tedging or- sleepin purposes, and iHeludes any inn, motel, tourist home or- house, hotel, studio baehelor- hotel, !edging house, moming house, apartment house, dormito",, publie or- pr-ivate elub, mobile home or- house tr-niler- ot a fixed loeation, or other- simila Transient Lodging means property which is used or designed for occupancy by transients for dwelling, lodging or sleeping purposes and which is rented or intended for rent on a daily or weekly basis to transients for a charge or fee paid or to be paid for rental or use of facilities. C. Occupancy shall means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel transient lodgings or reer-eationa vehiele/eamping park for dwelling, lodging or sleeping P"-P-,-, Ordinance No. Page 1 of 9 D. Transient shall means any person who exercises occupancy or is entitled to occupancy in a hotel transient lodging or reereational vehiele/eamping p*r by reason of concession, permit, right of access, license or other agreement for a period of less than thirty (30) consecutive calendar days er-less, counting portions of calendar days as full days. Any such person so occupying space in a transient lodging hotel or -ee-ea40 ehiele/ea ping park shall be deemed to be a transient until the period of thirty (30) consecutive days transpires has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. I-n determining whether- a per-son is a transient, uninterrupted per-iods of time e~Epending both prior- and subsequent to the efleetive date of this ehapter- may eonsidered: E. Rent shall means the total consideration valued in money eharged paid by a transient for booking, reservations, and occupancy of space in a transient lodging, whether such consideration is received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without a deduction therefrom whatsoever and whether or not such consideration is received by the operator., park valued in money, whether- to be meeived in money, goods, labor or , `.ter and serviees of an kind or- nature, without a deduetion therefrom whatsoever. Rent is the total eo"sideration paid by -A transient for oeeupaney of a room or spaee. In addition to the amount charged for booking, reservations and room lodging, rent includes charges by operator for meals, parking, telephone, and other items unless such items-charges by operator are separately incurred and specifically itemized on a duplicate customer pre-numbered receipt. Rent is the total eonsideration paid by a . F. Operator shall-means the person who is proprietor of the transient lodging, hotel er whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Mhere-If the operator performs any functions or eharging-charges or reeeiving-receives rent through an agent of any type or character other than an employee, the agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties-obligations and liabilities as the principal. Where the operator is a corporation, the term operator shall also includes each and every member of the Board of Directors of such corporation for the time involved. Where the operator is a partnership or limited liability company, the term operator also includes each and every member thereof for the time involved. Compliance with the provisions of this chapter by either the principal or the agent shall, however, be considered to be compliance by both. G. Tax Administrator shall means the Director of Finance of the City of Ashland, or designee. H. Recreational Vehicle/Camping Park sh*Wmeans,A development designed principally for the transient housing-of travel trailers, mobile homes, tent trailers, motor homes, and for tent camping. (Ord. 1907, 1977; Ord. 1975, 1978) 1. Accrual Accounting. A system of accounting in which the operator enters the rent due from a transient into the record when the rent is earned, whether or not it is paid. J. Cash Accounting. A system of accounting in which the operator records the rent due from a transient when it is paid, regardless of when the person occupies the room. Ordinance No. Page 2 of 9 K. Full Breakfast. A complete meal served to occupant of the room consisting of a minimum of three prepared items plus beverage. The full breakfast must be served on dinnerware and presented in a common area furnished with table(s) and seating, not in a restaurant open to the public. (Ord. 2632, 1991) SECTION 4.24.020 Tax Imposed For the privilege of occupancy in any hotel transient Iodizing, each transient is subject to and shall must pay a tax in the amount of nine (9%) percent of the rent eharged by the operator- total rent paid by a transient, as defined in Section 4.24.010E. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel transient lodging at the time the rent is paid. The operator shall must collect and record the tax into the record when rent is collected, if the operator keeps records on the cash basis of accounting, and when earned if the operator keeps records on the accrual accounting hasesbasis. If the rent is paid in installments, a proportionate share of the tax shall must be paid with each installment. The unpaid tax shall is be-due upon the transient's ceasing to occupy space in the transient lodging hotel. If for any reason the tax due is not paid to the operator of the hotel transient lodging, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. (Ord 1907, 1977; Ord 2024 S1, 1979; Ord 2632, 1991; Ord 2674; 1992; 2960, amended, 10/01/2008) SECTION 4.24.030 Exemptions. No tax shall be imposed upon: A. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided; B. Any occupant whose rent is of a value of $15.00 or less per day. This amount shall-will be adjusted on July 1 of each year based on the change in the Portland Consumer Price Index. (Ord. 2216, 1982; Ord. 2745, 1994) C. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law of international treaty. D. The amount attributable to one full breakfast per day for a transient at a Bed and Breakfast establishment. However, in no case shall the exemption exceed the greater of 10% of the total amount charged per transient or $10.00 per day. This amount shall be adjusted on July 1 of each year based on the change in the Portland Consumer Price Index. E. Any room donated to a non-profit organization claiming exemption under IRS code 501. F. Any room rented by the Ashland Interfaith Care Community, or such other organization specifically recognized by the City Council for providing services to the homeless, for occupancy by a homeless person or persons. (Ord. 2692, 1992) G. Any hostel, as defined in AMC 18.08.315. H. Any home occasionally exchanged with a'home outside the City without payment of rent. No exemption shall be granted except upon written claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator. (Ord. 1907, 1977; Ord. 2632, 1991) Ordinance No. Page 3 of 9 SECTION 4.24.040 Operator's Duties. Each operator shall must collect the tax imposed by this chapter, to the same extent and at the same time as the rent is collected from every transient. The amount of tax shell must be separately stated from the amount of the rent charged, and each transient sl►ell-must, upon demand, receive a receipt for payment from the operator. No-The operator of a transient lod in hotel shall must not advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereafter provided. Every operator required to collect the tax imposed herein shall be entitled to retain five percent (5%) of all taxes collected to defray the costs of collections and remittance. (Ord. 1907, 1977; Ord. 2632, 1991) SECTION 4.24.050 Registration. Within thirty (30) days after the date of adoption of this chapter or within thirty (30) days after commencing business, whichever is later, each operator of any hotel transient lodging Of reereational vehiele/eamping park r n•ing ° , to transients must shall register said hotel transient lodging reerea"°°"' vehicle/ea ping park with the Tax Administrator and obtain from him/her a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: A. The name of the operator; B. The address of the hotel transient lodging park; C. The date upon which the certificate was issued; and D. The following statement: "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of this part by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel transient lodging without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit." (Ord. 1907, 1977; Ord. 1975 S3, 1978; Ord. 2632, 1991) SECTION 4.24.060 Reporting and Remitting. Each operator must shall, on or before the 25th day of the month following the end of each calendar quarter (in the months of April, July, October and January), make a return to the Tax Administrator, on forms provided by the City, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected must shall be remitted to the Tax Administrator. The Tax Administrator may establish shorter reporting periods for any certificate holder if he/she deems it necessary in order to insure collection of the tax and the Administrator may require further information in the return relevant to payment of the liability. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter Ordinance No. Page 4 of 9 stall-will be held in trust for the account of the City until payment thereof is made to the Tax Administrator. (Ord. 1907, 1977; Ord. 2632, 1991) SECTION 4.24.070 Penalties and Interest A. Original Delinquency. Any operator who fails to remit any portion of any tax imposed by this chapter within the time required, must shall-pay a penalty of ten percent (10%) of the amount of the tax, in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent, must shall pay a second delinquency penalty of ten (10%) percent of the amount of the tax in addition to the amount of the tax and the ten (10%) percent penalty first imposed. C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five (25%) percent of the amount of the tax sha&will be added thereto in addition to the penalties stated in subparagraphs (A) and (B) of this section. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter must shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. F. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045.1) (Ord 2983, amended, 05/05/2009) SECTION 4.24.080 Failure to Collect and Report Tax--Determination of Tax by Tax Administrator. If any operator should fail to keep adequate records or refuse to collect said tax, or to make, within the time provided in this chapter, any report and remittance of said tax or any portion thereof required by this chapter, the Tax Administrator shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of the tax due. As soon as the Tax Administrator shall procures such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the administrator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the Tax Administrator shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the last known place of address. Such operator may within ten (10) days after the serving or mailing of such notice make an appeal of such determination as provided in Section 4.24.090 of this chapter. If no appeal is filed, the Tax Administrator's determination is final and the amount thereby is immediately due and payable. (Ord. 2632, 1991) Ordinance No. _ Page 5 of 9 SECTION 4.24.090 Appeal. Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax, interest and penalties, if any, may appeal the decision to the City Couneil-EMELtLant to AMC 2.30. by filing a notice of appeal with th C-1 I I i i I torwithin fifteen I I of the serving or- mailing of the determination of tax due. The Couneil shall fix a time find ploee for- hearing such appeal, and the City Administrator shall give five (5) days wri notiee of the time and place of hearing to sueh operator at the last known plaee of address. The Couneil shall hear- and eonsider- any r-eeords and evidenee presented hearing upon the Tax Administrator's determination of amount due, and make findings affirming, rever-An or modifying the The Findings of the Couneil Hearings Officer shall be final and conclusive, and shall be served upon the appellant in the manner prescribed -above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord. 2632, 1991) SECTION 4.24.100 Records. It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of three (3) years, all such records as may be necessary to determine the amount of such tax. The Tax Administrator shall have the right to inspect all records at all reasonable times. Every operator must shah, at a minimum, maintain guest records of room rents, accounting books and records of income. The operators must shall, at a minimum, include n these records a daily room rental register, a cash receipts and deposit journal. These records and books must shaWreconcile to the transient room tax reports and be auditable. They must shall also reconcile to the operator's income tax reports. If the Tax Administrator finds the books and records of the operator deficient, in that they do not provide adequate support for transient room tax reports filed, or the operator's accounting system is non-auditable, ' the operator to mpr o:o-their must modify the transient lodging's accounting system to thesatisfaetion ~meet the requirements of the Tax Administrator. SECTION 4.24.110 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in subparagraphs (B) and (C) of this section, provided a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Administrator within three (3) years of the date of payment. The claim must shall be on forms furnished by the Tax Administrator. B. An operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established` in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. C. A transient may obtain a refund of taxes overpaid or paid more than once, or erroneously or illegally collected or received by the eity Cam, by filing a claim in the manner Ordinance No. Page 6 of 9 provided in subparagraph (A) of this section, but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient having paid the tax to the operator, established to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax. D. No refund shall be paid under the provisions of this section unless the claimant establishes that right hereto by written records showing entitlement thereto. SECTION 4.24.120 Actions to Collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the eity Cam. Any person owing money to the City under the provisions of this ordinance shall be liable to an action brought in the name of the City of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owning. (Ord 2931, Amended, 09/19/2006) SECTION 4.24.130 Violations A41-vViolations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of this chapter for any operator or other person to: A. Fail or refuse to comply as required herein; B. Fail or refuse to register as required herein; C. Fail or refuse to furnish any return required to be made; D. Fail or refuse to permit inspection of records; E. Fail or refuse to furnish a supplemental return or other data required by the Tax Administrator; F. Render a false or fraudulent return or claim; G. Fail, refuse or neglect to remit the tax to the eity City by the due date. Violation of subsections A-E and G above shall be considered a Class I violation. Filing a false or fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The remedies provided by this section are not exclusive and shall not prevent the City from exercising any other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under state law or eity City ordinance. (Ord 3023, amended, 08/03/2010) Ordinance No. - Page 7 of 9 SECTION 4.24.140 Confidentiality Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the City under the terms of this Ordinance. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any person who are operating a hotel er °ationa' vehielelea ping park, transient lodeine or B. The disclosure of general statistics in a form which would prevent the identification of financial information regarding an individual operator; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim for amount due the City under this chapter; or D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures; or E. The disclosure of records related to a business's failure to report and remit the tax when the report or tax is in arrears for over six months or the tax arrearage exceeds $5,000.00. The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). (Ord 3023, amended, 08/03/2010) SECTION 4.24.150 Examining Books, Records or Persons. The City, for the purpose of determining the correctness of any transient occupancy tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designed by it for that purpose, any books, papers, records, or memoranda, including copies of operator's state and federal income tax returns, bearing upon the matter of the transient occupancy tax return. (Ord. 2632, 1991) SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i.e., Sections Nos. 2-3) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of 2013. Barbara M. Christensen, City Recorder Ordinance No. Page 8 of 9 SIGNED and APPROVED this - day of 2013. John Stromberg, Mayor Reviewed as to form: David 14. Lohman, City Attorney Ordinance No. Page 9 of 9 CITY OF ASHLAND Council Communication September 17, 2013, Business Meeting Plaza Booth Paint Colors FROM: Ann Seltzer, Management Analyst, seltzera@ashland.or.us SUMMARY At its July 1 study session, Council agreed to repaint the information booth on the Plaza and agreed to have a team of local experts recommend color combinations to the Council. The Plaza Booth Paint team met on August 29, September 5, and September 9 to select paint color combinations. The team, which includes Sue Springer (Plaza ceramic frieze artist), Margaret Garrington (Public Art Commission Chair) and Sandra Slattery (Ashland Chamber), considered the colors of the buildings surrounding the Plaza, the colors in the ceramic frieze, the Plaza pavers and the blue information awning, and narrowed their choices to combinations of green and gold or blue and gold. The group is seeking two directives from the City Council: 1) direct staff to paint the Plaza roof "Dark Chestnut," which is a copper colored metallic paint; and 2) after the roof is painted, direct staff to apply four to eight color samples on the Plaza booth. After evaluating the exterior samples, the team will bring a final recommendation(s) to the City Council at the second meeting in October for Council approval. BACKGROUND AND POLICY IMPLICATIONS: In early July, Council agreed to repaint the Plaza information booth and approved a staff recommendation of having Sue Springer (Plaza artist), Margaret Garrington (Public Art Commission) and Sandra Slattery (Ashland Chamber of Commerce) select up to four possible color combinations. Sue Springer, as the artist of the ceramic frieze, has the expertise to link colors in the frieze to colors for the booth. Margaret Garrington is an artist and painter and has the expertise to identify appropriate paint colors that complement the colors of the buildings adjacent to the Plaza. Sandra Slattery manages the information booth and has expressed an interest in selecting paint colors for the booth. The team considered the colors of the surrounding Plaza buildings, the colors in the ceramic frieze, the Plaza pavers and the blue information awning. After considering more than 22 colors, they focused their choices on combinations of green and gold and blue and gold. They also spoke informally with citizens and a local historian about paint colors. One strong recommendation was to paint the metal roof, both the information booth and the kiosk, with metallic paint to reflect a copper finish. Suppliers of exterior metallic painted are limited and the recommendation from local paint supplier Miller Paint is to use an automotive paint that can hold up to extreme weather conditions. Metallic paint must be Pape I of 2 Imo, CITY OF ASHLAND applied by spraying and the temperature must be at least 55 degrees. The team is in agreement about its recommendation for the color of the roof. Exterior paint colors look very different indoors under fluorescent light than outside in natural light. While the team has narrowed the paint colors for the booth down to four possible combinations (see attached) they would like to see the samples painted on the building after the roof is painted and then make tweaks as needed. Once they are able to evaluate the colors on the booth, they will bring a recommendation(s) to the City Council at the second meeting in October for final approval by Council. The selected roof and trim color will be applied to the kiosk. The wooden slats on the kiosk were replaced two years ago. Staff does not recommend painting the kiosk slats because it would make the holes created by staples and push pins more noticeable. The attached images closely reflect the actual paint colors. At the Council meeting, the team will present painted renderings of the Plaza booth which will more accurately reflect the suggested color combinations. FISCAL IMPLICATIONS: Staff estimates the cost of painting the booth and the roof and trim of the kiosk will be approximately $1500 or less. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTIONS: I move the City proceed with painting the roof of the Plaza and kiosk booth "Dark Chestnut metallic" and direct staff to apply the selected color samples on the booth and request the color selection team come to Council with a final recommendation in October. ATTACHMENTS: • Images of four color combinations for the Plaza Booth. Page 2 of 2 ~r, e31 S fw. w p 1~ .r x a 1 i 3tr Fti ryv,Fitt v~ IAYi `a?ice e f t 4 ~AV i,. r '"'R3"i 5 r.~,•..d </°/4 ft !I till f' J ~Af =C~ l r ?U X.iS e1~*,,,.r r'P~ EPP l I INFORMATION INFORMATION nl e~ LI I - i I, 1 1 11 I I - J. Option 1 t Color is..., 4655-Queen of the Night Color Is.... 1012-Hampton Beach Color Is.... 0876-Com Chowder ?made witli www.m illerpaint.co m Option 1 Apr Color Is..,, 1012-Hampton Beach Color Is..., 0655-Queen of the Night Color Is..., 0876-Com Chowder made with v✓ww.millgrpaint.com yY 1 t lyrl vw„k 1~~1, Un~H yy I rPL ~ it 7 ~p1,YY fY(~'Y~~(,J ~A~ L~4I' t IY c ~A NIP ti w • t Sri ~q~' r, Y ° 4 r INFORMATION INFORNIATION - j own 4. . ~ y5 u r r- 1, 1. 1 ~ 1 . n Option 2 4 ~r rt r Color Is..., 0466-Green Column Color Is.... 1012-Hampton Beach Color Is.... 0246-Cinnamoon Toast ,R made with www.millerpaint.com Option 2 sa 1 ' A 1. ' s- ~m 1 r„es-. E }~ry Color Is.... 1012-Hampton Beach Color Is.... 0466-Green Column Color Is.... 0246-Cinnamoon Toast i r made with www.millerpaint.com + C i ~ur~~Uw ,;q 4♦2 _ vii, ,p' ♦ ~it}'M1,y ~~t i /k b~r~ eN S ♦ f h~i~ 9♦' ~ ~ i" r ~nw;b~~ ;'k^ r ,Fly.Pt F9j~. ~ 4 ♦ 'C.. N.If V ia♦ 14 apiiw 1~ +l; f~ f 7~' ¢ L T 1 ems` t M ♦ At t y~F4 4TH }n}F; 11t1 1 L ~ f ' Ti 's PT .jfNz f may; `~~pft r' y J~~.Y 'Y. t ' 7 Sze r.. / ' INFORMATION INFORMATION z _ Q ; r~ 3ul ao e Option 2 (variation) t a ~4 µx y Color Is.... 0466-Green Column Color Is.... 1012-Hampton Beach Color Is.... 0905-Egyptian Gold At' I 25. made with www.millerpaint.com Option 2 (variation) a Y A { t 1 ~ w ' i Color Is..., 1012-Hampton Beach Color Is..., 0466-Green Column Color Is..., 0905-Egyptian Gold made with www.millerpaint.com V 1 y i ~ ~ ~ X71 J ti .y, r4 1 ~Y1~L'r & .•.~d+Y'air',•,yy,f~ ffi}' A~l~. '•'4RN ~ If S'. ~ f. J rL, d y r r -At INFORM INFORMATION T wry - r O i lr-i3. ~ t;p - i " 1 - 4 r I Option 3 T- - t ~r Color Is..., 1012-Hampton Beach Historic Colours, CHINA ASTER Color Is..., 0906-Cat's Eye Marlbe made with www.millerpaint.com Option 3 Color Is..., 1012-Hampton Beach Historic Colours, CHINA ASTER Color Is..., 0906-Cat's Eye Marlbe made with www.millerpaint.com CITY OF ASHLAND Council Communication September 17, 2013, Business Meeting Second Reading of an Ordinance Creating the Housing and Human Services Commission and Dissolving the Housing Commission FROM: Linda Reid, Housing Program Specialist, Planning Department, reidl@ashland.or.us SUMMARY This ordinance eliminates the existing Housing Commission and creates a new Housing and Human Services Commission. A separate resolution will dissolve the ad hoc Steering Committee on - Homelessness and fold many of its functions into this new commission. This commission would, among other things, monitor and assess the housing and human services needs of the community and advise the Council on policy and funding strategies related to housing and human services. BACKGROUND AND POLICY IMPLICATIONS: On September 3, 2013, the City Council approved the first reading of an ordinance entitled "An Ordinance Amending Section 2.19 of the Ashland Municipal Code Dissolving the Housing Commission and creating the Housing and Human Services Commission." as amended. The amendments to the draft ordinance included: • Changing the number of Commission members from seven to nine. • Eliminating the duty to review and make recommendations to the City Council regarding Social Service Grant related allocations. • Added language clarifying the scope of human services to be addressed by the new Commission. • Added a power and duty regarding monitoring and reporting on housing discrimination in the City. Although the Council removed the proposed duty to review and make recommendations regarding City of Ashland Social service grants at this time, it was suggested the issue come back before the Council for further discussion within the year. As presented, the attached ordinance incorporates each of the amendments made by Council at first reading on September 3, 2013. Adoption of the ordinance as presented will allow the Mayor and City Council to seat the new nine member Housing and Human Services Commission. The ordinance will go into effect 30 days following adoption, at which time the existing Housing Commission will be dissolved. A separate resolution will dissolve the ad hoc Steering Committee on Homelessness and fold many of its functions into this new commission. Page 1 of 2 itrail CITY OF ASHLAND FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Approve second reading of an Ordinance entitled "An.Ordinance Amending Section 2.19 of the Ashland Municipal Code Dissolving the Housing Commission and creating the Housing and Human Services Commission". SUGGESTED MOTION: I move to approve second reading by title only of an Ordinance titled "An Ordinance Amending Section 2.19 of the Ashland Municipal Code Dissolving the Housing Commission and creating the Housing and Human Services Commission". ATTACHMENTS: Amended Housing and Human Services Ordinance Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.19 OF THE ASHLAND MUNICIPAL CODE DISSOLVING THE HOUSING COMMISSION AND CREATING THE HOUSING AND HUMAN SERVICES COMMISSION. Annotated to show aelsand additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, The City of Ashland is committed to housing that is available, accessible and affordable to the full spectrum of the housing continuum; from those who lack adequate housing to those looking to purchase housing, to those looking to maintain housing; and WHEREAS, The City of Ashland is committed to improving the Human Services needs of our community to protect and enhance the welfare of its citizens, including its most vulnerable populations; and; WHEREAS, the City Council has determined the City of Ashland will benefit from a joint process that brings together expertise in both housing and human services to identify and recommend coordinated strategies aimed at providing needed housing, reducing poverty and addressing the human service needs of the community; and WHEREAS, The City Council has determined that it is in the best interest of the City of Ashland to dissolve the Housing Commission and establish a Housing and Human Services Commission; and ; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Reveal. Ashland Municipal Code 2.19 [Housing Commission] is hereby repealed in its entirety. SECTION 2. New Section. Section 2.19 [Housing and Human Services Commission] is hereby added to the Ashland Municipal Code to read as Follows: Ordinance No. _ Page] of 3 2.19 Housing and Human Services Commission 2.19.010 Purpose and Mission. The Housing and Human Services Commission is charged with addressing the eontinuum of housing issues. ineludine affordable hou housing and homelessness, in addition to other f3over-ty driven issues fneine families individuals in the-gommunity. Assessing and addressing the continuum of Housing and human service needs for the purpose of enhancing community health and wellbeing. 2.19.020 Established Membership The Housing and Human Services Commission is established and shall consist of nine (9) sevenz', ; voting members, one (1) non-voting student liaison from Southern Oregon University, and one (1) non voting ex-officio member who shall be the City Housing Program Specialist. 2.19.030 Powers and Duties. The powers and duties of the commission shall be as follows: A. To monitor and assess the housing and human services needs of the community, and utilize this information to act in an advisory capacity to provide guidance to the City Council regarding policy and funding strategies relating to housing and human services. B. To Promote, develop, and recommend, housing and human service programs, Human Services programs are those that include but are not limited to; programs that assist seniors, children and families in need with utility, medical, transportation, and food assistance. C. To review and make recommendations to the City Council on Community Development Block Grant (CDBG) related allocations; C.....4ee Grant feinted alloentions-, E. To review and make recommendations to the City Council on the Housing Trust Fund and related allocations; F. To monitor projects funded with the Community Development Block Grant (_CDBG), City of Ashland Social Service Grants, and the Housing Trust Fund; G. To investigate federal, state, county and private funding for implementation of housing and human services programs; H. To foster public knowledge and support of official city housing and human service programs; 1. To enhance cooperation between the public and private sectors by promoting integrated approaches that provide decent housing, a suitable living environment, _ and expanded economic opportunities for, low- and moderate-income persons. J. To evaluate, review, and recommend to the Planning Commission and City Council innovative land use strategies targeted at promoting a broad variety of housing types K. To monitor housing discrimination complaints and corrective actions within the City, and to report to the City Council measures taken to further equal opportunity to all persons to live in decent housing facilities regardless of race, color, religion, Ordinance No. Page 2 of 3 sex, sexual orientation, gender identity, national origin, source of income, or familial status SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any, cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of '12013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. _ Page 3 of 3 CITY OF ASHLAND Council Communication September 17, 2013, Business Meeting An Ordinance Creating a Franchise Agreement for Solid Waste Management and Collection Within the City of Ashland FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY After the completion of the most recent solid waste collections rate increase in the fall of 2012, Council directed staff to develop a revised and more comprehensive solid waste franchise agreement ordinance to better address and define the current collection services offered by Recology Ashland Sanitary (franchisee), as well as establish better rate making methodologies and adjustment processes. Council also directed staff to address several policy questions raised in the rate review analysis conducted by Bell & Associates as part of the 2012 rate increase deliberation, which include: • Should Recology customers continue to subsidize costs associated with the Recycle Center in addition to the rates already paying for curbside comingled recycling collections? • Should automation of collections services be encouraged or mandated for long term rate stability? • Should the existing yellow bag and sticker programs that allow customer controlled delivery scheduling be retained? If so, should rates for those services be adjusted to match the cost of the service? BACKGROUND AND POLICY IMPLICATIONS: The solid waste franchise is one of many franchise agreements in place within the City of Ashland and functions as a contract between the City and the franchisee. To address many of the monthly and daily operational details relating to collection services that are more prone to change over time, an Administrative Operations Standards and Rules resolution has been drafted along with the more long term, fixed foundation of the franchise ordinance. This allows for updating of service changes, collection standards and equipment, reporting and rate increases without impacting the ordinance framework. Franchises Generally Local municipalities utilize franchise agreements to ensure that certain key services are available to the community regardless of the ever changing external market forces. Typical franchises include water, wastewater, telecommunications, natural gas, electricity and solid waste/recycling collections. Page 1 of 6 11FAW&, CITY OF ASHLAND A franchise establishes a set of services to be performed by another entity who agrees to the terms of the franchise in exchange for the typically, but not always, exclusive right to perform the services within the boundaries of the community. The use of a franchise provides assurances that the desired services meet certain community standards and the rates charged for the services provide a reasonable rate of return for the franchisee but are contained by pre-established revenue and expense provisions in the franchise agreement. In exchange, the franchisee pays an annual franchise fee to the municipality typically as a percent of annual revenue and is assured of a long term revenue stream in which to operate and make capital investments for the equipment necessary to provide the agreed upon services. Existing Solid Waste Franchise Agreement The current solid waste ordinance was established in June of 1990. The three page document granted a 15 year exclusive solid waste collection franchise to Ashland Sanitary Service (now Recology Ashland Sanitary). In September of 1998, the franchise right was extended to March of 2018. The franchise agreement establishes the right of the franchisee to petition the Council for rate increases based on increased costs in providing the collection services. This was most recently requested by Recology Ashland Sanitary in the fall of 2011 with Council approved partial rate increases in December of 2011 and December of 2012. In the rate increase deliberation leading up to the December 2012 final rate increase, the City contracted with Bell & Associates to conduct an independent cost of service and rate analysis study to determine the validity of the need for the rate increase. While the report concluded a rate increase was warranted, the report also raised a significant number of policy and long term operations issues that would only be solved with a comprehensive update of the franchise ordinance agreement. Proposed Solid Waste Franchise Agreement The attached draft ordinance and accompanying administrative policies and operations resolution were developed with direction and feedback from the Council appointed working group that included three Council members (Morris, Slattery, Voisin) and a representative of the Ashland Conservation Commission (Beam). The working group took input from Recology management staff and worked with City staff to develop draft documents that address each of the significant policy issues raised in the Bell & Associates report, including: Recycle Center Operation The Recycle Center has operated as a community facility since its dedication in 1990 and has provided Ashland and Rogue Valley residents with a centralized location to recycle a variety of materials. The center is located on City owned land and is operated by Recology staff both for on-site attendant and materials hauling services. Curbside comingled recycling collections began in 2007 providing additional recycling services and opportunities for Recology customers in Ashland. The continuation of both recycling resources was raised in the Bell Report as a potential redundancy in services that is being subsidized by the existing residential and commercial Recology customers. Page 2 of 6 CITY OF ASHLAND To separate the recycle center redundancy/subsidized policy question from the updating of the franchise agreement and to allow for potential solutions outside of the confines of the franchise agreement, the working group suggested that the draft ordinance exclude the costs associated with operation of the recycle center as an allowed expenditure for the franchisee. This removes the costs from the rate calculations, which removes the rate payer subsidy issue,-but also would require the creation of an alternate funding source for the center to remain open and operational. Operating Costs The Recycle Center, as detailed in the Bell Report, has approximate annual costs of $155,000, with roughly $30,000 relating to on-site attendant labor, $15,000 for program operating margin, $10,000 for general administrative overhead and the remainder ($100,000) reflecting material hauling costs. The Center does have an approximate revenue stream of $20,000 which varies from year to year depending on the market rates for the various recycled materials. The Bell Report details the comingle recycle collection percentage attributed to the Recycle Center versus the curbside comingle collection. The percentage attributed to the Recycle Center was 6%, although that figure was later corrected in a subsequent meeting to be 9%. What was not identified in the report was the percentage of overall collection of cardboard at the Recycle Center, which is source separated from the comingle recycle stream. If cardboard collections are included in the calculations, the Recycle Center percentage of collections compared to curbside comingle increases to 16%. Recology operates several truck routes for commercial cardboard collection that does not currently have a fee, primarily because cardboard is one of the few recyclable materials that has consistently had some level of monetary value in the market place. Should the Recycle Center close, Recology anticipates additional costs associated with commercial cardboard collections that would need to be reflected in rates in some fashion. Policy Issues Retaining the existing draft ordinance language making Recycle Center expenses unallowable results in the closure of the facility, unless a separate contractual arrangement with an associated funding solution is created to replace the current methodology. Should Council desire additional time to explore other contractual arrangement and funding solutions, additional language would need to be added to allow the expenses related to the Center to be allowable for specified duration. Automated Collection Systems The current collection system relies heavily on the physical movements of the drivers to exit the vehicle, roll a Recology bin from the truck to the customer's trash can, empty. the customer can into the Recology bin, roll the Recology bin back to the truck and connect it to the automated arm that lifts and dumps it into the truck. The draft ordinance encourages the transition to automation with the first phase being the mandated use of Recology issued roll carts rather than customer cans. This allows the drivers to exit the vehicle, roll the cart over to the truck, connect, dump and return. Phase two would involve the upgrading of equipment as part of the replacement schedule to include a front loading automated truck. The Page 3 of 6 ~r, CITY OF ASHLAND combination of uniform roll carts and an automated truck would give Recology the ability to re-assess their driver routes to create at least one fully automated route, increasing efficiency and controlling long tern costs. Yellow Bag/Sticker Program Costs The yellow bag program and sticker programs are similar in that they both offer the ability for the customer to pre-purchase a set number of service pick-ups (sold five at a time) and using them on the scheduled day of their choosing. The sticker program differs from the yellow bag program in that the customer can fill a standard 32 gallon trash can, rather than be limited to the much smaller yellow trash bag. The programs are particularly beneficial for households that produce a relatively small amount of trash and can store it on site for more than the standard one week pick up schedule. To address the cost subsidy of the yellow bag, as well as to move the customer directed pick up scheduling towards automation, the draft resolution eliminates the yellow bag program, but retains the sticker program with the proposed mandated roll cart. Recycle Only Rates Another subsidy related issue identified by the Bell Report was the service policy that allowed any Recology customer to be eligible for free curbside comingled recycling, regardless if they paid for any standard monthly services or not. This service option created additional subsidies to other rate Recology rate payers. The draft resolution includes a service rate for recycle only service, which would apply to sticker and green yard waste customers. Long Term Rate Stability A significant factor in the decision to update the franchise agreement was the request by Recology for a large rate increase (21%) in 2011. The draft ordinance and resolution has created a rate adjustment structure that should eliminate large spikes in rates by the setting of a target operating margin (10%) and triggering small annual automatic rate adjustments based on the Consumer Price Index (CPI) so the franchisee maintains a similar operating margin from year to year. If the franchisee estimates that the coming year will result in an operating margin below eight percent (8%), the franchisee is permitted to request an adjustment larger than the CPI. If the coming year estimate results in an operating margin above twelve percent (12%), the City can require a downward rate adjustment. In both cases, the goal of the rate adjustment structure is to maintain an operating margin that meets the 10% target over the life of the agreement; however, in no case will the operating margin be lower than eight percent or greater than twelve percent. This benefits the community with rate stability that remains relatively flat or increases in similar fashion to other market costs. This benefits the Recology in that they are able to have revenue stability to plan long term for capital investments that should assist in maintaining cost controls. This also avoids the open ended annual rate increase requests that are currently a part of the existing franchise agreement. Medical Waste Program Costs While not as significant of a cost center to the overall solid waste collection services, the Bell Report also identified that the current medical waste program rates did not cover the associated costs. The draft rate resolution includes a rate adjustment for medical waste collection services that roughly Page 4 of 6 ~r, CITY OF ASHLAND matches that of the rest of the region and significantly closes the gap between revenue and expense in this program. FISCAL IMPLICATIONS: The proposed changes to the solid waste franchise agreement have many different financial implications to a variety of different groups/customers within the community, as well as to the City itself. To address the modifications contained within the proposed ordinance and resolution, Recology has suggested instituting an overall rate increase combined with the individual rate class adjustments (see table below) at the time of ordinance and resolution approval rather than waiting for the April 2014 CPI adjustment. Recology would then defer the first year CPI adjustment in April of 2014 and resume annual adjustments in April of 2015. This allows Recology to adjust rates in line with the target operating margin, allow for earlier purchase and distribution of roll carts to customers, and eliminate multiple rate increases within a five month period. However, if the Recycle Center remains an unallowed expense and is not part of the rate calculation, the overall rate increase would be somewhat smaller in order to maintain the target operating margin of ten percent with some of the increase attributed to capital costs related to the purchase and distribution of the roll carts. The following table provides a summary of the impacts by customer type. Customer e Customer# ate Chan nnual Re enue m • ac Yellow Bag 206 Five pack of bags from $27.02 to $45 $11,000 Sticker Program 600 Five pack of stickers from $40.71 to $45 $7,500 Free Recycle 500 to 1,000 Every other week curbside comiged $25,000 to $50,000 recycle goes from $0 to $5 per month Medical Waste 104 Approximate 20% increase across rate $4,000 structure STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council move the ordinance to second reading and provide direction for any changes to be made for second reading relating to the recycle center or other significant issues raised within the study session or business meeting deliberations. Staff will incorporate any suggested changes to the ordinance and present those changes along with the resolution that would approve the associated Administrative Operations Standards and Rules document and proposed rate sheet for Recology Solid Waste Collections and Recycling. SUGGESTED MOTION: 1) I move to approve first reading of an Ordinance creating a franchise agreement for solid waste management & collections within the City of Ashland and repealing ordinances 2829 and 2582 relating to previous solid waste franchise agreements and terms. Page 5 of 6 PU CITY OF ASHLAND 2) I move to amend the ordinance to allow expenses relating to the Recycle Center to continue to be defined as allowable expenses until either June 30, 2014 or the effective date of a Council approved operations and financing contract for Recycle Center operations. ATTACHMENTS: Draft Ordinance - Solid Waste Management & Collection Solid Waste Franchise Administrative Operations Standards and Rules (To be adopted by Resolution) Please note: For additional information, please see the September 16, 2013 Study Session Page 6 of 6 ~r, ORDINANCE NO. AN ORDINANCE CREATING A FRANCHISE AGREEMENT FOR SOLID WASTE MANAGEMENT & COLLECTION WITHIN THE CITY OF ASHLAND AND REPEALING ORDINANCES 2829, 2582 RELATING TO PREVIOUS SOLID WASTE FRANCHISE AGREEMENTS AND TERMS WHEREAS, Oregon Revised Statutes Chapter 459 grants the City the authority to regulate solid waste collection and mandates the development of a recycling program; and WHEREAS, the City desires to insure efficient and comprehensive materials Solid Waste Management and Collection Services are available to all residents, businesses and organizations in the City THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1: Title. This ordinance shall be titled and referred to as the "Solid Waste Management Franchise Ordinance". SECTION 2: Purpose. It is the policy and purpose of the City of Ashland to protect the health, safety and welfare of the citizens and physical environment of Ashland through the regulation of solid waste management. This regulation will: a) Insure safe, economical, efficient and comprehensive Solid Waste Management Services as further defined in this agreement; b) Assist the community in reaching and surpassing recycling and waste diversion rates of the Jackson County waste shed; c) Insure fair and equitable service rates and charges across all customer classifications to achieve safe and efficient collection, transportation and recover of solid waste, recyclables and compostable materials; d) Meet or exceed all applicable Oregon Revised Statutes (ORS) 459 regulations relating to Solid Waste Management prescribed to local jurisdictions and their authorized franchisee; and e) Insure consistent and responsive service and communication with citizens regarding solid waste management operations, education and requirements including waste prevention, product life cycle impacts, waste diversion opportunities, recycling best practices and standards and general waste shed stewardship. Ordinance No. Page 1 of 21 SECTION 3: Scope. Services defined, regulated and authorized in this ordinance are applicable only within the city limits of the City of Ashland and all future urban growth boundary annexations occurring during the term of this ordinance. SECTION 4: Definitions. Except where the context clearly indicates a different meaning, or where a tern is defined below, definitions contained within ORS 459.005 at the time of adoption or as further amended in the future, and regulations promulgated under state law are applicable to this ordinance. Administrative Operations Standards and Rules All standards and rules approved by resolution of Council defining specific operating rules and procedures that support and insure compliance with this Ordinance. Affiliated Company Any company which shares expenses and/or revenues with the Franchisee with respect to the services under this Agreement and is: 1) the parent company (corporation, partnership or limited liability company) of Franchisee; or, 2) any subsidiary of such parent company; or, 3) any company of which thirty percent (30%) or more of the common stock or control is owned or controlled by Franchisee; or Franchisee's share holders; Examples of such shared costs include, but are not limited to: labor, equipment, vehicles, insurance, or administrative costs. Allowable Expenses Those expenses incurred by Franchisee in the performance of this Agreement that are allowed by the City as reimbursable by the ratepayer as enumerated below. Allowable Expenses are allowable only to the extent that such expenses are known and measurable, calculated according to Generally Accepted Accounting Principles (GAAP) on an accrual basis, and comply with the cost allocation methodology contained within this ordinance and are applicable only to the Franchisee's operations within the City, do not exceed the fair market value of comparable goods or services, and are commercially reasonable and prudently incurred by the Franchisee solely in the course of performing its obligations under the Franchise. Allowable expenses, shall include but not be limited to the following: a. The costs of complying with all laws, regulations or orders applicable to the obligations Franchisees under federal, state or local law, including this ordinance, as well as costs for financial reporting, accounting and regulatory processes associated with or required by this franchise or under law; as now or hereafter amended; b. Disposal costs; c. Labor costs, including operational and supervisory labor, payroll taxes, workers' compensation, and benefits, as well as third party transportation costs; d. Vehicle and equipment expenses, including vehicle registration fees, motor fuel, oil, tires, rental charges and/or operating lease payments and repairs and maintenance; e. Expenses of maintaining other capital assets, including rental charges and/or operating lease payments and repair and maintenance, to include container maintenance and repair costs; f. Performance bonds and insurance in at least the amounts and coverages required by the City; Ordinance No. _ Page 2 of 21 g lAll administrative and management costs and expenses reasonably allocated for the services required under this Agreement, including, but not limited to compensation, management fees, and benefits for officers and employees, payroll taxes, data processing, billing, equipment or facility rental or lease costs, supplies, finance and accounting, administration, human resource and labor management, rate analysis, and regulatory compliance; h. Utilities; i. Training, worker safety and employee development expenses; j. Promotion and public education costs; k. Depreciation and amortization of capital assets, including any necessary stand-by or back-up equipment used on a regular and ongoing basis in the provision of services under this Franchise over standardized economic useful lives of the various assets; 1. Outside professional fees and costs, limited to two percentage points of revenue, unless an extraordinary circumstance exists; m. Interest expense, other than interest paid with respect to route or Franchise acquisition, that is not in excess of market rates ordinarily charged for the various types of financing required for purchases or leases; n. All surcharges, taxes or fees, other than state or federal income taxes or franchise fees, which are imposed upon the Franchisee or levied by federal, state or local government in connection with Franchisee's provision of collection services under this Franchise; o. Direct write-off charges for bad debts; and p. Franchise fees assessed by the City. Allowable expenses as defined above shall be reasonable if they are comparable with the expenses incurred by similarly situated solid waste and recycling collection companies on the West Coast of the United States. Automated Collection System A type of collection system that utilizes standardized roll carts and mechanically assisted collection equipment designed to minimize direct human handling of customer waste set out for collection. Bulky Wastes Large items of solid waste such as appliances, furniture large auto parts, trees, branches greater than four inches in diameter and 36 inches in length, stumps and other oversized wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods. City J> - The existing city limits and future annexations of the City of Ashland, OR. City Council or Council The City Council of the City of Ashland. Ordinance No. Page 3 of 21 Commercial Stores; offices, including manufacturing and industrial offices; restaurants; warehouses; schools; colleges, universities; hospitals; and other non-manufacturing entities; manufacturing entities, but not including multifamily or residential condominium complexes. Container A receptacle used to store solid waste or recyclable materials that is designed for on-site unloading into a closed-bodied collection vehicle in which the contents of the receptacle are mixed with the contents of other similar receptacles. Construction and Demolition Debris Used or discarded construction materials removed from a premise during construction, demolition or renovation of a structure. Cost Allocation Methodology The following allocation methodology shall be used to determine expenses attributable to services rendered for City of Ashland solid waste management services franchise operations. 1) Residential and Commercial labor hours The Franchisee will perform two annual surveys to estimate the time spent in each jurisdiction by residential and commercial route. Total annual hours will be estimated by jurisdiction for residential and commercial routes based on the two annual surveys. The annual total hours will be used to allocate labor and benefits, fuel, oil, maintenance, vehicle and container leases, vehicle licenses, and route costs by jurisdiction for residential and commercial services. 2) Debris box labor hours The Franchisee will estimate the average time spent per load by jurisdiction. This average will be applied to the actual annual load count by jurisdiction to calculate an annual total for each jurisdiction. The annual total hours will be used to allocate labor and benefits, fuel, oil, maintenance, vehicle and debris box leases, vehicle licenses, and route costs by jurisdiction for debris box. 3) Yardage Yardage by jurisdiction will be estimated by subscribed volumes for residential and commercial services and by box size for debris box service. This yardage will be used to allocate disposal costs by jurisdiction. 4) Residential and commercial weekly lifts The Franchisee will use two surveys to estimate the number of weekly services by jurisdiction. This measure will be used to allocate all other costs by jurisdiction. 5) Direct cost Franchise fees and other costs directly related to a specific jurisdiction will be applied to the appropriate jurisdiction. Ordinance No. Page 4 of 21 Curbside/Roadside A location within three (3) feet of public right-of-way. This does not allow the garbage or recycling receptacle to be placed on the inside of a fence or enclosure even if the receptacle is within three (3) feet of said road or roads. For residences on "Flag Lots", private roads or driveways, "Curbside/Roadside" shall be the point where the private road or driveway intersects a City Road, Public Access Road, State Road or Federal Road. Customer Individuals, groups, businesses, corporations or other recognized entity receiving Solid Waste Management and Collection Services from the franchisee within the City of Ashland. Customer Classification List and definition of the different groupings utilized for rate making; i.e. residential, commercial, municipal, etc. Depot A facility for transferring containerized solid waste, recyclable materials or yard debris from one mode of transportation to another. The term also refers to a place for receiving source- separated recyclable materials. Disabled Customer A subscription customer in which all adult household members possess a DMV issued handicapped parking sticker/placard. Disposal Site Land and facilities used for the disposal, handling or transfer of, or resource recovery from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, resource recovery facilities, incinerators for solid waste delivered by the public or by a solid waste collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site; Disposal site does not include the following: a facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both hazardous waste and solid waste; a facility subject to permit requirements of ORS 46813.050 or 468B.053; a landfill site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar non decomposable material, unless the site is used by the public either directly or through a solid waste collection service; or a site operated by a wrecker issued a certificate under ORS 822.110. Drop Box A single receptacle used to store solid waste or recyclable materials that is designed to be removed from the generator's site on the back of a roll-off truck for unloading at a disposal site, material recovery facility, or other storage or processing facility. The contents of the receptacle are not mixed with the contents of other similar receptacles until delivery to a Disposal Site. Ordinance No. Page 5 of 21 Force Majeure Acts of god, fire, landslides, lightening, storms, floods, freezing, earthquakes, epidemics, volcanic eruptions, public riots, civil disturbances, acts of the public enemy, wars, blockades, embargoes, or acts of civil or military authority, breakage, explosions or accident to machines or other materials, pipelines or materials, governmental restraint, unavailability of a disposal site and any other event which could not with reasonable diligence be controlled or prevented by the party affected by the event. Franchise A contract with the City allowing the use of public right-of-way to collect and transport solid waste. Franchisee A person, persons, business or corporation who has been granted a franchise to operate within the City of Ashland pursuant to this Ordinance. Generator A person who last uses a material and then makes it available for disposal or recycling. Gross Revenue "Gross Revenue" for any period shall mean: 1) Gross accrual-based billings by the Franchisee to customers for services provided under this Agreement; 2) The allocated gain on the sale of fixed assets, the depreciation or amortization from which was an Allowable Expense under the terms of this Ordinance, and refunds, sales proceeds or other reimbursements for any other expense that was an Allowable Expense under this Ordinance, and 3) The accrual-based proceeds from the sales of recycled material collected within the Franchise. Hazardous Waste Solid Waste or Waste that may, by itself or in combination with other waste, be explosive, poisonous, caustic or toxic, or otherwise dangerous or injurious to human, plant or animal life, as defined by ORS 466.055. Household Hazardous Waste Any discarded, useless or unwanted chemical, material, substance, or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households. Household hazardous waste includes, but is not limited to, some cleaners, solvents, pesticides, and automotive and-paint products. Infectious Waste Infectious waste mean biological waste, cultures and stocks, pathological waste, and sharps, as defined in ORS 459.386 and 459.387. Ordinance No. Page 6 of 21 Multifamily Any multi-dwelling building or group of buildings that (a) contain(s) five (5) or more dwelling units on a single lot, such as apartments, condominiums, and mobile home parks and (b) receives services on a per lot or per building basis, as opposed to a per unit basis. Multifamily complex also includes certified or licensed residential care housing, such as adult foster care homes, and group homes. Multifamily accounts are determined to be a residential waste stream. Material Recovery Any process of obtaining from solid waste, by presegregation or otherwise, materials that still have useful physical or chemical properties and can be reused or recycled for some purpose. Material Recovery Facility A solid waste management facility that separates or stores materials for the purposes of recycling from incoming, non-putrescible solid waste by using manual and/or mechanical methods. It also means a facility that primarily accepts previously source separated materials. Operating Margin Gross revenues minus allowable expenses within a given period. Organic Waste Materials that can be biologically synthesized by plants or animals from simpler substances, are no longer suited for their intended purpose, and are readily broken down by biological processes into soil constituents. Examples include, but are not limited to, food waste, yard debris, contaminated paper, and putrescible waste that are generally a source of food for bacteria. Putrescible Waste Solid waste containing organic material that can be rapidly decomposed by microorganisms, and which may give rise to foul smelling, offensive products during such decomposition or which is capable of attracting or providing food for birds and potential disease vectors such as rodents and flies. Receptacle A can, cart, container, drop box, compactor or recycling bin or any other means of containment of Solid Waste or Waste or Recyclable Materials. Recyclable Material, Recyclable, Recyclables Material that has or retains useful_physical, chemical, or biological properties after serving its original purpose(s) or function(s), and is separated from solid waste by the generator or at a material recovery facility. Recycling Any process by which waste materials are transformed into new products in such a manner that the original products may lose their identity. Ordinance No. Page 7 of 21 Residence, Residential Any dwelling unit where at least 50 percent of the use of the entire building is for home use. Self-Haul Collection and transportation of solid waste from a commercial, multifamily, or residential entity by the generator, owner or occupant of the property, rather than by a third party hired to perform this function. Senior Discount Rate A discounted collection rate provided to customers that meet the discounted utility rate provision of resolution 92-22 or future related amendments. Solid Waste or Waste The terms "solid waste" and "waste" are interchangeable. Solid waste shall include all putrescible and non-putrescible waste, including but not limited to, garbage; compost; organic waste; yard debris; brush and branches; land clearing debris; sewer sludge; residential, commercial and industrial building demolition or construction waste; discarded residential, commercial and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; manure; feces; vegetable or animal solid and semi-solid waste and dead animals; and infectious waste. Waste shall mean useless, unwanted or discarded materials. The fact that materials, which would otherwise come within the definition of Solid Waste, may, from time to time, have value and thus be utilized shall not remove them from the definition. The terms Solid Waste or Waste do not include: 1) Recyclable materials or yard debris separated from solid waste and properly prepared for collection; 2) Environmentally hazardous wastes as defined in ORS 466.055; 3) Materials used for fertilizer or for other productive purposes on land in agricultural operations in the growing and harvesting of crops or the raising of fowl or animals; 4) Septic tank and cesspool pumping or chemical toilet waste; 5) Source separated, principal recyclable materials as defined in ORS 459A and the Rules promulgated there under and under this Ordinance, which have been purchased or exchanged for fair market value, unless the City declares a site of uncollected principal recyclable materials to be public nuisance; 6) Applications of industrial sludges or industrial waste by-products authorized through a Land Use Compatibility Statement or Management Plan approval and that have been applied to agricultural lands according to accepted agronomic practices or accepted method approved by the Land Use Compatibility Statement or Management Plan, but not to exceed 100 dry tons per acre annually; and 7) Stabilized municipal sewage sludge applied for accepted beneficial uses on land in agricultural, non-agricultural, or silvicultural operations. Sludge-derived products applied for beneficial uses on land in landscaping projects. Ordinance No. Page 8 of 21 Solid Waste Management and Collection Services Prevention, reduction, management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste; or recycling, reuse and material recovery from solid waste; and facilities necessary or convenient to such activities. Source Separated Materials Recyclable materials that have been separated by type of recyclable material and removed from the solid waste stream by the person who last used the recyclable materials. Transfer Station A fixed or mobile facility, other than a transportation vehicle, where solid waste is deposited temporarily after being removed from the site of generation but before being transported to a final disposal location. Unallowable Expenses Shall include the following: 1) All charitable and political contributions; 2) Fines and penalties, including without limitation judgments for violation of applicable laws, incurred by a licensee; 3) Payments for services provided by individuals related by blood or marriage or by affiliated companies to a licensee to the extent that such payments exceed the reasonable cost that would be charged by an independent third party to provide the substantially equivalent service; 4) Accruals for future unknown regulatory changes; 5) Costs associated with purchase of other companies including, but not limited to, employee stock ownership plan payments, goodwill, amortization of goodwill and premiums on key-person life insurance policies; 6) Principal or interest payments on the acquisition of solid waste, recyclable materials and yard debris collection routes; the purchase of equipment and/or facilities to the extent that the price includes goodwill or a premium in excess of fair market value at the time of acquisition; State and federal income taxes; 7) Fees paid to a Franchisee's Board of Directors; 8) Damages, Attorney's fees and related expenses resulting from: a. Any judicial proceeding in which the city and a licensee are adverse parties, unless the Franchisee is the prevailing party and is not granted judgment for attorney fees and related expenses; b. Any judicial proceeding in which a Franchisee is ruled to be liable due to willful misconduct or negligence or in violation of law or regulation. 9) Operation of community access Recycling Depot not physically located or operated in conjunction with the Franchisee's transfer station 10) Recycling operations expenses already calculated and incorporated into Franchisee's tipping fees 11) Any other expenses defined as "unallowable" and approved by mutual consent of the franchisee and the council. Ordinance No. _ Page 9 of 21 Utilization The terms utilize, utilization, or utilization of Solid Waste or Waste shall mean productive use through recycling, reuse, salvage, resource recovery, energy recovery, or land filling for reclamation, habitation, or rehabilitation of land. Waste Evaluation An evaluation completed by the City or a Franchisee of a commercial entity's waste management practices, for the purpose of providing guidance to a multi-family or commercial customer on effective means to reduce waste, increase recycling, and purchase recycled products. Yard Debris Grass clippings, leaves, tree and shrub prunings of no greater than four (4) inches in diameter or similar yard and garden vegetation. Yard debris does not include such items as: dirt, sod, stumps, logs, tree and shrub prunings greater than four (4) inches in diameter, rocks, plastic, animal waste or manure, cat litter, potting soil, prepared food wastes or nonputrescible material. SECTION 5: Franchise Agreement. 5.1 Franchise Award No person shall do business in the collection and transport of solid waste generated within the City without a current, valid City franchise. A Franchise to provide solid waste management and collection services, including recyclable materials and yard debris in the service area of the City shall be granted only after a determination of need for the service. The determination of need is the responsibility of the City Council, which will seek the best balance of the following objectives: 1) To insure safe, efficient, economical, equitable and comprehensive solid waste service; 2) To avoid duplication of service that will cause inefficiency, excessive use of fuel, increased traffic, and greater wear on streets; 3) To provide service in areas of marginal return; 4) To promote and encourage recycling and resource recovery; 5) To improve the likelihood of the Franchise holder making a reasonable profit and thereby encourage investment in modern equipment; 6) To cooperate with other governmental bodies by recognizing their service arrangements; and 7) To otherwise provide for the service in a manner appropriate to the public interest. 5.2 Renewal o£Franchises In granting a franchise renewal, the Council may, in addition to the above, consider the following, including but not limited to: 1) Volumes of solid waste collection and disposal; 2) Volumes of recyclable materials and rate of participation in recycling; 3) Customer satisfaction, including but not limited to customer complaints; Ordinance No. Page 10 of 21 4) Analysis of solid waste collection and recycling programs in other cities as compared to those of the City, including but not limited to program costs, funding mechanisms and overall rates of participation in recycling; 5) Franchisee performance of its obligations under the franchise, including a Franchisee's technical and financial capabilities; 6) Franchisee ability to provide evidence of required insurance; and 7) Franchisee responsiveness to customer or City complaints. Franchises granted by the City shall be non-exclusive, however it is understood that during the term of franchises granted under this Ordinance, the City shall not grant any other person a franchise for Solid Waste Management Services unless there is a showing by the applicant of the need for such additional service in the proposed service area. As to such application(s) the existing Franchisee shall have first right of refusal to provide such services. In evaluating whether a need exists for additional service, the City Council may consider, among any other criteria deemed relevant by the City Council, the following items: 1) An increase in the population of the City; 2) An extension of the boundaries of the City; 3) Intensive residential, commercial or industrial development within the boundaries of the City; 4) Changes in solid waste technology and/or recycling collection technology that could substantially improve collection service or reduce collection costs to residents of the City; 5) The effect that an additional franchise would have on each existing Franchisee's ability to meet the City's service standards and maintain a fair return on its investment; 6) Changes in federal or state laws, rules or regulations that substantially affect solid waste or recycling collection requirements. 7) The Franchisee cannot or will not perform or subcontract the proposed service. This ordinance does not prohibit any person from self-hauling solid waste and/or recyclables. A generator may self-haul his or her own material, and a generator's contractor may haul materials that are generated as a direct result of the service-provider's activity. For example, landscapers, roofers, and remodelers may self-haul materials, but may not contract with third parties other than Franchisees for collection and transport. 5.3 Franchise Terms A franchise to provide solid waste management and collection services shall be granted for a period of ten (10) years, beginning September 1, 2013 with subsequent seven year terms renewing annually, unless prior notice of request to terminate is submitted by either the City or the Franchisee a minimum of 90 days prior to the renewal date. 5.4 Franchise Fee 1) Annual Fee. In consideration of the rights and benefits of the terms of this franchise, Franchisee shall pay to the City each year during the life of this franchise beginning November 1, 2013 an annual fee derived from revenue received by that franchisee from Ordinance No. Page 11 of 21 Solid Waste Management and Collection Service boundaries of the City. The franchise fee shall be five percent (5%) of gross revenues. 2) Quarterly Payments. The franchise fee required in 7(a) above shall be paid quarterly, and shall be due and payable within thirty (30) days of the end of the calendar quarter. Accompanying the payments described above, Franchisee shall file with the City Administrator or designee, a statement showing the amount of the gross revenues received by that company within the City for the calendar quarter immediately preceding the calendar quarter in which such statement is filed. There will be a reconciliation of final gross revenues on the quarterly report ending September 30`h of each year for the prior fiscal period, which is October I" through September 30`h. 3) Review of Records; Annual Audit. Franchisee shall make available for inspection, copying and review by the City Administrator or designee at any time during normal work hours all records in the Franchisees' possession that the City Administrator or designee deems relevant to verifying the accuracy of fees paid to the City, to regulating rates or to carrying out any responsibility that the Franchisees or the City has under this Ordinance. No more often than once during any twelve (12) month period, City may request an audit of the books, records and accounts of Franchisee by a certified public accountant or such other professional chosen by the City to verify accuracy of fees paid to the City, subject to the approval of the audited Franchisee; provided, however, that such approval shall not be unreasonably withheld. Franchisee agrees to have its books, records and accounts audited and further agrees to pay for such auditing services. The report of the certified public accountant or other professional shall be conclusive and final. In the event such audit report discloses any difference of payment due either to the City or Franchisee through error or otherwise, such payment shall be due and payable within thirty (30) days of discovery or determination of the error. If payment is owed by the City to Franchisee, the City shall reimburse the Franchisee for payment for the portion of the services attributable to the audit of the Franchisee receiving such payment from the City. If payment is owed by Franchisee to the City, and the difference of payment due is more than the greater of five hundred dollars ($500) or two and one-half percent (2%2 of the Franchisee franchise fee, or if the Franchisee is found to have violated any other term or condition of the franchise then, notwithstanding any other provision of this Section or the franchise, the City may request an additional audit during the next twelve (12) month period with all expenses of such additional audit paid by such Franchisee. 4) Late Payments; Interest. Should Franchisee fail or. neglect, for thirty (30) days after any quarterly payment shall become due and payable, to make the quarterly payment, the City shall provide written notice of failure of payment to Franchisee. Upon notification of failure to pay, Franchisee will have thirty (30) days to remit payment to the City. If Franchisee fails to pay within said thirty (30) day period, the City may charge interest retroactive to the due date, at a rate of nine percent (9%) per annum, and may at its option either continue the franchise in force and proceed by suit or action to collect the payment, Ordinance No. Page 12 of 21 or declare a forfeiture of the franchise because of the failure to make payment, but without waiving its right to collect earned franchise payments and interest. 5.5 Franchise Administrative Operations Standards and Rules The Solid waste management and collections franchisee will operate within operations standards set by resolution of Council. Standards and rules will be developed across all customer classifications including, but not limited to, the following: Service Rates and Fees a. Rate and fee schedule for all collection services, programs by customer classification Collections a. Regular, holiday and hazardous weather schedules b. Procedures for missed, bulky waste, vacation hold, etc collections c. Collection receptacle standards and requirements d. Receptacle location requirements for pick-up e. Private property access rights and limitations f Responsibilities of the customer g. Vehicle minimum equipment, maintenance standards, identification/signage and standards Customer Service & Communications a. Billing standards and frequency b. Billing/collection procedures for past due/non-pay accounts c. Descriptions, objectives and targets for all services provided across all customer classifications d. Solid waste related programs, education and event promotion e. Complaint/dispute resolution procedures f Community Communications and outreach plan coordination with City outlining roles and responsibilities of City and Franchisee. Reporting (in addition to Ordinance required reporting) a. Efficiency analysis reports for routes, billing/collections, etc b. Revenue and subscription volume reports by solid waste category (trash, recycle, yard waste) for various customer classifications (residential, and commercial, Debris box volumes will be measured by dump and return and/or pull activities. o. Customer counts and trends over time for residential and commercial customer classifications Debris box load counts will be reported in lieu of debris box customer counts. 5.6 Subcontracting Services A Franchisee may contract with another person to provide specific components of solid waste management and collection services within the Franchisee's service area with the written approval of the City Administrator or designee, provided that the subcontract does not amount to a transfer of the collection franchise and the subcontracting party agrees to: 1) Abide by the conditions of this ordinance and associated resolutions; and Ordinance No. Page 13 of 21 2) In written application to the City, show how they will meet the criteria applying to the current franchise 5.7 Transfer of Franchise A proposed assignment or transfer of a Franchise must be requested by the Franchisee if the following occur, but shall not be limited to: 1) A sale, exchange or other transfer of 50% or more of Franchisee's assets dedicated to service in the City; 2) A sale, exchange, or other transfer of fifty percent (50%) or more of the outstanding common stock of a Franchisee; 3) Any reorganization, consolidation, merger, recapitalization, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which Franchisee or any of its shareholders is a party which results in a change of ownership or control of fifty (50%) or more of the value or voting rights in the stock of the Franchisee; and 4) Any combination of the foregoing that has the effect of a transfer or change of ownership and control. The Franchisee shall provide no less than 90 days' advance written notice to the City of any proposed transfer or assignment. Except as specifically authorized by the City, the Franchisee shall not assign any of its rights or delegate or otherwise transfer any of its obligations to any other person without the prior consent of the City Council. Any such assignment without the consent of City Council shall be void and any such attempted assignment shall constitute default and grounds for termination of the Franchise. If a Franchisee requests the City's consent to transfer the Franchise, the City shall act on such request within sixty (60) days of the receipt of the Franchisee's written request together with all information, as set forth below, required for the City's action on the request. The City shall not unreasonably refuse to consent to an assignment of the Franchise to a proposed assignee that has sufficient knowledge, experience, and financial resources so as to be able to meet, to the satisfaction of the City Council, in its sole discretion, all obligations of the Franchisee hereunder. An application to the City to consider a sale or other transfer of a Franchise shall include the following: 1) A nonrefundable application fee of two thousand dollars ($2,000) payable at the time of application to the City in advance to defray the City's anticipated expenses and costs resulting from the Franchisee's request; 2) Financial statements audited or reviewed by a Certified Public Accountant of the Proposed Assignee's operations for the three immediately preceding operating years together with any additional evidence of financial ability to perform its Franchise obligations; and 3) A showing that the proposed Assignee meets all City criteria for the grant of a Franchise as enumerated in this Ordinance. Ordinance No. Page 14 of 21 5.8 Establishment and Modification of Service Rates and Fees The City Council may review and set rates on an annual basis by Council resolution that considers the following goals: I ) Rates shall be established to the greatest extent practicable on a cost of service basis based on the ordinance-established cost allocation methodology. 2) Rates shall be adjusted annually by Council resolution equal to the percentage change in the January to January Consumer Price Index for All Urban Consumers (CPI-U) but not to exceed the twelve percent operating margin cap. The City Administrator or designee shall certify the CPI-U rate in writing to Franchisee by March 1 of each year to initiate the rate resolution. 3) Rates shall be adequate to provide an Operating Margin equal to ten percent (10%) of Franchise-wide Gross Revenues; however, the City shall not be required to change rates if the expected Operating Margin in the next future year falls between eight and twelve percent of Gross Revenues. The ten percent target return on Gross Revenues is considered sufficient to reflect the level of business risk assumed by the Franchisee, to allow investment in equipment, and to ensure quality collection service. Accordingly, the City shall have the authority to commission audits, reviews, or analysis of Franchisee Annual Reports to validate submissions. The expected Operating Margin in a future year would incorporate expected inflation factors, and the effect of known or expected increases or decreases in expenses or revenues. The rates charged by Franchisees shall conform to the most current Council resolution. Prior to implementation, the Council must approve any interim rate for services not included in the current resolution. If the Franchisee notifies the City in writing that they believe a material change outside the Franchisees' control has occurred, and the change will have an adverse effect on operating margins, such that the next future year operating margins will be less than eight percent, a material change will be deemed to have occurred. At that time, the City may undertake any type of review it finds necessary to validate the existence of the material change and estimate its effect on the operating margin. If the results of the review are such that no rate adjustment is warranted, persons requesting the review shall reimburse the City for reasonable costs incurred during the investigation at the time the next payment of franchise fees is due. If the City believes that a material change has occurred that will result in next future year operating margins falling under eight percent or over twelve percent, the City may undertake an abbreviated rate review at its own expense. SECTION 6: Franchise Reporting Requirements. 6.1 Informational Reports Each Franchisee shall provide the City Administrator or designee by the last day of each quarter for the previous quarter: Ordinance No. _ Page 15 of 21 I ) A quarterly report listing the quantities of solid waste, yard waste and recyclable materials by customer classification collected within the City during the previous calendar quarter, the locations to which these materials were delivered, the number of customer accounts, and other information requested by the City Administrator or designee and mutually agreed upon with Franchisee. 2) A quarterly report listing the names and addresses of multi-family and commercial customers that received waste evaluations during the reported quarter. 3) A summary of communication, marketing and educational outreach conducted by Franchisee during the reported quarter. 6.2 Quarterly Franchise Fee Reports Franchisee shall complete and remit to the City a Quarterly Franchise Fee report not later than the last day of the month immediately following the end of the quarter. At the time of payment of the quarterly Franchise Fees, the Franchisee shall file with the City Administrator or designee, a verified statement of quarterly gross revenues for the period covered by the tendered fee. Such statements shall be public records. Franchisee shall maintain books and records disclosing the gross receipts derived from business conducted within the City, which shall be open at reasonable times for audit by the City Administrator or designee. Misrepresentation of gross revenue shall be deemed material and a breach of the Franchise contract and shall be cause to initiate the process to terminate the franchise. 6.3 Annual Franchise Reports Franchisees shall report revenues and expenses (allowable and unallowable), in an income statement format, and provide a variety of information about customer counts, service levels, disposal volumes, and recycling activities for all customer classifications and for all programs identified in the Administrative Operations Standards and Rules resolution adopted by Council. Franchisees shall report totals for all operations necessary to adequately verify compliance with the cost allocation methodology as defined in this for expenses that share significant operational, management, and administrative expenses with the City of Ashland Franchise. Resources allocated from regional or corporate offices or affiliates shall be distributed to appropriate expense line items, and shall also be disclosed in a schedule describing total allocations and their distribution to individual expense line items. All allocations from Affiliated Companies must be described and must be equal to or less than the fair market value of similar goods and services purchased from a non-affiliated company. The report will also include a synopsis of the operating year, a description of the measures each franchisee has taken in the preceding year to make its operation more efficient, a listing of the efficiency measures which each Franchisee proposes to take in the next year, a composite table showing the type and number of customer service complaints and a description of the measures that the Franchisee has taken or is planning to take to correct the cause of commonly reported complaints, and such other information as requested by the City Administrator or designee. The report shall also describe and quantify communication, outreach and educational activities as described in the Administrative Operations Standards and Rules resolution. Ordinance No. Page 16 of 21 Franchisees may identify specific information submitted to the City in the Annual Report as confidential. The City shall treat any information marked "Confidential" as such, and shall not subject the confidential information to public disclosure except as required by law. If the City receives a request for disclosure of confidential information, the City Administrator or designee shall notify the Franchisee within a reasonable time after receiving the request so as to allow the Franchisee a reasonable opportunity to defend against the requested disclosure through appropriate legal process. SECTION 7: Franchise Responsibilities and Requirements. 7.1 Access for Inspections and Delivery of Notices Franchisees shall make all company premises, facilities and records related to their solid waste, recyclable materials and yard debris collection services (including, but not limited to: offices, storage areas, financial records, non-financial records, records pertaining to the origin of any solid waste collected by the Franchisee, receipts for sale or delivery of collected recyclable materials, customer lists, and all records related to vehicle maintenance and safety which are required under ODOT motor carrier requirements and regulations and ORS 767) available for inspection by the City Administrator or designee within 24 hours of notice by registered mail. Such inspections are only for purposes of enforcing this ordinance, and are restricted to normal business hours. During normal business hours, the Franchisee shall make all company premises and facility accessible to City employees for delivery of any written notices. Collection vehicles must be accessible for inspection during the normal operating hours for collection, in addition to normal business hours. Where receptacles are stored in the public right- of-way or when the City is inspecting a situation where the Franchisee is allegedly commingling Recyclable Materials or Yard Debris with Solid Waste, the need for 24-hour notice does not apply to inspection of receptacles or vehicles. 7.2 Indemnification, Bond, and Insurance A Franchisee shall pay, save harmless and indemnify the City from any loss, damage, penalty or claim against the City on account of or in connection with any activity of the Franchisee in the operation of the Franchisee's solid waste collection business including activity by any approved subcontractor providing solid waste management collections and services. If such suit shall be filed against the City either independently or jointly with the Franchisee or its subcontractor to recover for any claim or damages, the Franchisee upon notice to it by the City shall defend the City against the action, and in the event of a final judgment being obtained against the City, either independently or jointly with the Franchisee or its subcontractor, the Franchisee will pay said judgment and all costs, including any related attorney fees and costs and hold the City harmless there from. Franchisee shall furnish aperformance bond, in a form approved by the City Attorney, by an acceptable surety company in the amount of twenty-five thousand dollars ($25,000.00), but may, in lieu of a bond, furnish an irrevocable letter of credit or assign a savings account or deposit in any federally insured financial institution in the amount of twenty-five thousand dollars ($25,000.00) on a form approved by the City Attorney. The Security shall guarantee faithful performance of all the obligations contained herein with the premium for such bond or cost of Ordinance No. Page 17 of 21 such assignment to be paid by the Franchisee furnishing the bond, letter of credit or making the assignment. A Franchisee shall maintain commercial general liability insurance on an occurrence basis in such forms and with such companies as shall be approved by the City Attorney, which will cover the Franchisee's business operation, including each vehicle operated by it. The insurance coverage shall include not less than $100,000.00 for one person, nor less than $300,000.00 for bodily injury due to each occurrence, and not less than $100,000.00 for damage to property due to each occurrence and coverage of at least $1,000,000 in the aggregate per occurrence. All such insurance coverage shall provide a 30-day notice to the City Administrator or designee in the event of material alteration or cancellation of any coverage afforded in the policies prior to the date the material alteration or cancellation shall become effective. Copies of all policies required hereunder shall be furnished to and filed with the City Administrator or designee prior to the commencement of operations or the expiration of prior policies, as the case may be. The Franchisee shall furnish proof annually to the City Administrator or designee that the insurance remains in effect. The provisions of this section, any bonds accepted by the City pursuant thereto, and any damage recovered by the City hereunder shall not be construed to excuse unfaithful performance by the Franchisee or limit the liability of the Franchisee under this ordinance or the Franchisee for damages, either to the full amount of the bond, or otherwise. SECTION 8: Enforcement, Suspension, or Termination of Franchise. 8.1 Responsibility of City Franchisees are subject to the exercise of the police power of the City and to such regulations as the City may provide by resolution, ordinance, rule or regulation. 8.2 Enforcement of Standards The City Administrator or designee shall administer and enforce this ordinance and pursue remedies for non-compliance as laid out within this ordinance. The City Administrator or designee shall also administer and enforce Administrative Operations Standards and Rules as adopted by Council. These standards and rules shall be enforceable with penalties allowed in section 1.08 of the Ashland Municipal Code. Upon recommendation by the City Administrator or designee, the Council may declare a Franchisee who fails to abide by the rules to be in default. 8.3 Initiation of Enforcement Actions In addition to enforcement under State law, the City may prosecute any infraction as defined in this Ordinance or the Rules issued hereunder, based on any information coming to the City, in Ashland Municipal Court. The burden of proof is on the City to prove an infraction by a preponderance of the evidence. 8.4 Penalties for Infractions Each Franchise provision, including rules adopted hereunder, is subject to penalties as described in section 1.08 of the Ashland Municipal Code for each day from the initial citation of the offense that the offense continues to violate the terms of this ordinance or associated resolutions. Ordinance No. Page 18 of 21 8.5 Termination of Franchise for Default In addition to default for accrued penalties, upon recommendation by the City Administrator or designee, the City Council may terminate a Franchise for the Franchise holder's default in performing any material term or condition of the Franchise. An event of default also shall include, but not be limited to, entry of a judgment against the Franchise holder for material misrepresentation or deceit committed against the City or a customer or entry of a judgment of conviction (including conviction on a plea of no contest) against the Franchise holder or any principal of same for a crime involving dishonesty. Notice to a Franchisee of default shall be delivered to the Franchisee by certified mail requiring the Franchisee to show cause in a public hearing before the City Council at a place and time to be stated in the notice, but no earlier than 14 days from the date the notice is mailed, why the Franchise should not be terminated. At the hearing the Franchisee shall demonstrate the measures it has taken or commenced to cure the default. 8.6 Service Interruption Except for the right to refuse service for nonpayment as set forth in this ordinance, Franchisees shall not interrupt service unless: 1) Access, roads, streets and highways necessary for collection operations are unusable or unsafe and there are no alternative routes. Franchisees shall resume service within 24 hours after access is restored. 2) A Force Majeure event occurs. Upon the occurrence of a Force Majeure event that prevents or impairs a Franchisee's ability to perform any of its Franchise obligations, the Franchisee shall: 1) Provide immediate notice, either verbal or written to the City Administrator or designee of the nature of the event and extent and anticipated duration of Franchisee's inability to perform any obligation under this Agreement. If verbal notice is given, then written notice must be delivered to the City within 24 hours of verbal notice; 2) Commence immediately to develop, in communication and cooperation with the City, an interim plan for the restoration of full performance; and 3) Take all such other reasonable actions requested by the City to assist the City in protecting the public health and safety and to restore service as soon as practicable. Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Franchisee employees or directed at the Franchisee is not an event of Force Majeure, and the Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all of events. 8.7 City's Right to Perform Service In the event that a Franchisee, for any reason whatsoever, fails, refuses or is unable to collect or transport any or all solid waste for a period of more than forty eight (48) hours, and if, as a result Ordinance No. Page 19 of 21 thereof, solid waste or recyclable materials should accumulate in the City to such an extent that the City finds that such accumulation endangers the public health, safety, or welfare, then the City shall have the right, but not the obligation, upon twenty-four (24) hour prior written notice to the Franchisee, to perform or cause to be performed collection services with its own or other personnel at the Franchisee's expense. This right shall be in addition to and not in lieu of any other remedy available to the City. If necessary, the City may take temporary possession of, and a Franchisee shall peacefully surrender, any or all the Franchisee's land, equipment, and other property used or useful in the collection of Solid Waste or Recyclable Materials until such time as the emergency is resolved. 8.8 Dispute Resolution with Customers Upon receipt of any notice of dispute from a customer about any bill, charge, or service, the Franchisee shall thoroughly investigate the matter and promptly report the results of its investigation to the customer. A franchisee shall not refuse service to any customer during a time of dispute. If the Franchisee is not able to resolve a dispute with the customer, the customer may contact the City Administrator or designee who will act as an informal mediator in an attempt to resolve the matter. Should the dispute remain unresolved, the Franchisee or customer may then pursue the matter in any Court with jurisdiction. 8.9 Dispute Resolution with City During all disputes arising under this Franchise, the City and Franchisee shall continue performance of their respective obligations under this Franchise unless and until the Franchisee is terminated for default, in which case the Franchisee's obligation to pay a franchise fee based on cash receipts generated from services provided under the Franchise during said dispute shall survive such termination. In addition to and without waiving any rights and remedies under civil or common law, in the event of a dispute under this Franchise, the parties shall mutually agree to arbitration. Within fifteen (15) days after agreement to Arbitration has been reached, each party shall submit the name of its own arbitrator, selected from the American Arbitration Association, and the two arbitrators shall select a third arbitrator selected from such panel within 15 days, or in case of a disagreement concerning the appointment of the third arbitrator, the third arbitrator shall be appointed from such panel by the presiding judge for the Circuit Court of the State of Oregon for Jackson County. During such time that the arbitrators are being selected or appointed, the parties shall continue to negotiate in good faith to resolve their dispute in a cooperative manner. The decision of the arbitrators in the matter shall be final and binding on the parties, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. SECTION 9. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. Ordinance No. Page 20 of 21 SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of 2013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 21 of 21 CITY OF ASHLAND City of Ashland Solid Waste Franchise Administrative Operations Standards and Rules A. ADOPTION AND REVISION OF STANDARDS AND RULES The following standards and rules are hereby established by resolution of the City Council to set and maintain service levels for the efficient operation ofa solid waste management service and collection franchise within the City of Ashland. Revisions to these standards and rules shall be approved by resolution of the Council. B. ENFORCEMENT OF STANDARDS AND RULES Upon discovery of violation or lack of adherence to these Standards and Rules, the City Administrator or designee shall inform Franchisee in writing of the nature of the violation and provide reasonable time for response from Franchisee. Should both parties fail to mutually resolve the matter, the City Administrator may pursue enforcement of identified violation as a general penalty of section 8.2 of Ordinance No 2013- C. SERVICE RATES AND FEES 1. Subject to the provisions of Section 5.10 of Ordinance No. 2013- rates in place upon the effective date of Ordinance No. 2013- , as shown in exhibit A, shall remain in effect until April 1, 2014. On April I, 2014, and on April 1 of each year thereafter, rates for all services shall increase by a percentage equal to the most recent CPI-U, January-to-January, as determined by the U.S. Bureau of Labor Statistics, except that in no case shall rates automatically increase by more than 5%. Should CPI-U increase by more than 5%, the franchisee and City shall confer in good faith to determine whether the franchisee is entitled to receive an increase larger than 5%. Should CPI-U be 0% or less than 0%, the franchisee shall not be entitled to any rate increase. For purposes of calculating rate increases, CPI-U percentages shall be computed to the first decimal place. 2. Subject to the provisions of Section 5.10 (5.8) of Ordinance No. 2013- Franchisee may request an adjustment of rates in excess of CPI-U. Such request shall be.delivered to the City Administrator no earlier than February 15 and no later than May 15 of any calendar year. In determining whether to grant such rate adjustment, the Council may consider, but is not limited to, the following factors: a. Rates charged for collection service in other cities in Oregon; b. The most recent January-to-January Consumer Price Index (CPI-U); c. Costs and revenues associated with providing the opportunity to recycle and Rules - I CITY OF ASHLAND the ability of a rate structure to encourage recycling; d. A minimum rate sufficient to provide a reasonable rate of return, ; e. The anticipated change in the cost of providing the service; f. The need for equipment replacement and the need for additional equipment to meet service needs and to be in compliance with federal, state and local law; g. Increase in population or increase of intensive development within the service area. 3. Rates charged shall be those set as provided herein. Nonscheduled services may be provided at the reasonable cost of providing the service. 4. Franchisee shall bill and collect on a current billing basis. When Franchisee has experienced collection problems on a particular account, other billing methods may be required. Such billing procedures will be subject to approval by the City and will be reasonable business practice. 5. Franchisee may charge a starting charge to any customer who has been previously terminated for failure to pay for service. 6. Rates shall be uniform or uniform within zones or classes of service. 7. Nothing in the above section shall prohibit City from requiring qualified senior citizen discount rates. 8. Franchisee may require the owner of rental or leased premises to accept responsibility for the payment for service to such facilities as a condition for providing such service. D. MANDATORY SERVICES Franchisees shall offer the following solid waste management and collection services, subject to the limitation under "Refusal of Service." A Franchisee that does not comply has 10 days from a date of infraction to accommodate the customer request with an equivalent level of service at or below the published rates for the requested service. 1. Residential Curbside Collection Solid Waste, monthly subscription Solid Waste, customer controlled pick-up Yard Debris Co-mingled Recycling Glass Recycling 2. Commercial Collection Solid Waste Rules - 2 CITY OF ASHLAND Co-mingled Recycling Pre-consumer compostable materials Yard Debris Medical Waste 3. Solid Waste, Recycling and Yard Debris Drop-off Site 4. Debris Drop Box Service 5. Commercial Waste Evaluation/Education E. OPTIONAL SERVICES Franchisee is permitted to offer other additional services to the public that promote and increase waste prevention, recycling and/or reduce operating expenses and contribute to the financial success of the franchise. The additional services and their associated rates and fees must be reviewed and approved by the City Council if the associated service expenses meet the definition of allowable expenses in Ordinance No 2013- F. GENERAL COLLECTION RESPONSIBILITIES 1. Solid Waste Subscription Franchisee shall offer a solid waste collection service for each customer class with a minimum frequency of one collection per week. Residential subscribers to curbside recycling and green debris services will be serviced a minimum of once every-other-week. 2. Automated Collection System Franchisee is not mandated to implement an automated collection system for any collection service offered; however, should Franchisee determine that an automated system, either in specific areas or by customer classification, increase the efficiency and cost effectiveness of the collection services program, Franchisee may submit proposals to the City Administrator or designee for review and potential inclusion as an allowed expense. 3. Collection Schedules a. Collection Days Residential service shall occur Monday through Friday, except during holiday weeks, and times of hazardous weather conditions. ,All collection services shall be offered on the same day(s) of the week for a given customer. Franchisee shall not provide service in residential or multifamily areas prior to 7:00 am or after 6:00 pm. Rules - 3 CITY OF ASHLAND Except as otherwise limited by the terms of any City land use or development permit, there shall be no limit on the hours of collection activity for any solid waste, recycling and yard debris materials in predominately commercial and industrial areas. Franchisee may offer and furnish Saturday and/or Sunday collection service to commercial, multi-family and drop box customers. If weekend service is not made available, the Franchisee must provide sufficient receptacles to accommodate commercial customer needs throughout weekends. b. Change of Schedule for Solid Waste/Recycling/Yard Debris Dav Franchisee may periodically change a customer's designated collection day. No later than fourteen (14) days prior to the change, Franchisee shall give written notice to a customer indicating the intent to change the Customer's designated collection day and inform the customer of the new collection day. Notice must also be given to all service addresses if different than billing addresses. Each multifamily unit must be notified of the change in collection day, if each unit receives individualized can/cart service. c. Collection on Holidays No collection is required on July 4, Thanksgiving Day, December 25`h or January ls` of each year. During weeks in which those dates fall on a Monday through Friday, pick-up shall occur on the established pick-up day, unless that day is July 4`h, Thanksgiving Day, December 25`h or January 1 st, in which case pick-up will occur on the following day. Each regular pick-up day for the remainder of those weeks shall thereafter shift back one day with regular Friday service allowed to occur on Saturday. d. Hazardous Weather Conditions Collection Schedules may be adjusted due to hazardous weather conditions. Hazardous weather conditions generally exist on any day in which the Ashland School District cancels classes due to weather conditions, or on portions of routes that are located on steep hills where a driving hazard may exist even though local public schools are open. When weather conditions make driving or collection hazardous, Franchisee may postpone collection, as provided below. The Franchisee shall notify the City Administrator or designee by phone or email no later than noon on the day hazardous weather conditions day exist, if collection schedules are expected to change. This information supplied shall include geographic areas affected and the anticipated make-up day or schedule. If the affected geographic area(s) or make- up schedule changes, then the Franchisee shall update the information furnished to the City as well on their phone and website systems. In the case of solid waste collection, the Franchisee shall make a reasonable effort to pick up prior to the next regular collection day. Yard debris and recyclable materials collection may be postponed until the next regular collection day. If collection is delayed more than two days, collection will be delayed to the next Rules - 4 CITY OF ASHLAND regular collection day, with an extra container being accepted by the Franchisee. At the discretion of the Franchisee, a go-back charge may be assessed per the approved rate schedule. 4. Missed Collections a. Missed Collection for Solid Waste Customers. The Franchisee shall respond promptly to reports of missed collections. Franchisees shall collect missed materials within 24 hours (excluding weekends, Christmas Day, and New Year's Day) of receipt of a complaint from the City or the customer. The 24-hour deadline does not apply where the missed collection occurred due to late or improper setout by the customer. Each improper setout by a customer must be documented by the Franchisee and communicated to the customer. If a customer did not set out or improperly placed the container, the Franchisee shall offer the customer the following options: (1) Immediate collection of the materials for the City approved Go-back Rate. (2) Collection of the material at no extra charge the following week on the designated collection day. b. Hazardous Weather Missed Collections. Collections that are missed due to hazardous weather conditions, where postponements have been reported to the City as required in this ordinance, are not considered "missed collections." 5. Point of Collection a. Point of Collection: Single Family Dwelling For single-family dwellings, the Franchisee may require that the collection of solid waste, recyclables and yard debris be placed at the curb or roadside in such a fashion so as to enhance efficiency of the collection system and may assess an extra fee, as established in the approved rate structure, if a customer fails to present the roll cart at a location reasonably serviceable by the collection truck. Disabled customers shall not be charged an extra fee and the franchisee must arrange for a mutually convenient system for refuse, yard debris and recycling collection. b. Point of Collection: Disabled Customers Disabled customers will be provided non-Curbside collection of all materials. The customer and the Franchisee must mutually agree upon a setout location. In most cases, the preferred location will be visible from the street. If not, the customer must provide the Franchisee with a signal that is visible from the street that there are materials to be collected. Rules - 5 CITY OF ASHLAND C. Collection on a private street For collection to be made at Curbside on a private street or flag drive serving multiple residences, the street must meet the following standards: access may not be limited by a gate; it must be named and posted with a street sign, it must be paved to a width of at least 12 feet, exclusive of any areas where parking is permitted, and if dead-end, the turnaround must have a 60 foot diameter or a "hammerhead" or other feature which provides adequate turnaround space for standard collection vehicles. There must be at least 14 feet of vertical clearance. On such private streets, customers entitled to Curbside service must have their address on the private street. Franchisee may require a damage waiver from customers being serviced on a private street, if in the opinion of the Franchisee there is a reasonable probability that property damage could occur through no fault of the Franchisee engaged in the normal course of providing service. If these criteria are not met, customers must bring their materials to the intersection of the private street and the closest public street. Containers must be marked with the appropriate customer address. d. Collection from Public Alleys Collection from public alleys is encouraged, but is at the discretion of the Franchisee. e. Collection from In-Ground Cans Collection from in-ground cans is prohibited. f Location of Empty Cans/Carts/Containers/Bins The Franchisee shall return all cans, carts, and bins to the location where the customer places them without leaving collection remnants or disturbance to existing site conditions. 6. Ownership of Collected Materials. All materials placed or deposited in a receptacle provided by the Franchisee or left in place by the customer for collection by the Franchisee are the property of the Franchisee. It shall be unlawful for any person other than Franchisee to remove any material from such receptacles, though this prohibition does not apply to bona fide law enforcement activity. Any person removing such materials in violation of this section shall be subject to the penalties set out in AMC 1.08. Ownership shall not transfer to the Franchisee until the Franchisee takes physical possession of the collected materials. 7. Improperly Placed, Improperly Prepared or Overweight Materials. The Franchisee is not required to collect materials that are not properly placed, prepared or are overweight, as defined in the Customer Responsibility Section. The Franchisee is required to provide written notice to the customer of the reason for non-collection. The date, service address and Franchisee contact information shall be provided on the notice. The Franchisee shall retain a copy of the notice and any needed support documentation. Rules - 6 CITY OF -ASHLAND If a customer failed to set out or improperly prepared or placed the container, the Franchisee shall offer the following options: (1) Immediate collection of the materials at a City-approved rate. (2) Collection of the material as one free extra the following week on the designated collection day. 8. Clean Up on Route The Franchisee shall make a reasonable effort to pick up all material blown or littered during the course of collection subsequent to being set out by the customer and prior to pickup, unless the problem is a recurring one. If material is blown or littered prior to pick-up at a particular customer's address on a recurring basis, the Franchisee may leave the blown or littered material at the Point of Collection with a notice describing the problem. The date, and address shall be specified on the notice. In the case of a commercial customer, the Franchisee may charge a clean-up or extra yardage charge, and collect the material if a notice had been given to that customer within the previous six months G. RESIDENTIAL COLLECTION STANDARDS The following Residential Collection Standards are specific to residential collection, and are in addition to the general collection standards outlined in the previous section. 1. Residential Containers Franchisee shall provide roll carts to all residential regular service customers. The carts should be designed for safe handling and shall be non-absorbent, watertight, vector-resistant, durable, easy to clean, and provided with lids or covers that can be readily removed or opened. Roll carts shall be clearly identified by displaying the Franchisee identification prominently and conspicuously on the container. Roll carts must be clean when delivered to the customer. 2. Roll Cart Deposit Franchisee may not charge a deposit for roll carts for any level of service, except as provided in Special Billing for Credit Risks 3. Replacement of Lost/Stolen Roll Cart Franchisees may charge customers for lost, stolen, or damaged carts at 100% of the bulk purchase price of a new roll cart most recently paid by the Franchisee. The Franchisee is responsible for replacement of carts damaged in the course of normal wear and tear. 4. Damage to Customer Cans Franchisees are not responsible for normal wear and tear on reusable cans and lids provided by customers. Damage caused by Franchisee negligence to cans and lids shall be reimbursed to the customer and a roll cart issued. The age and previous Rules - 7 CITY OF ASHLAND condition of the customer's equipment shall be considered. If a customer has already been provided a roll cart by the Franchisee, personal customer cans may only be used when a customer needs to set out materials as an "extra" service. 5. Residential Recycling Collection Standards The following Residential Recycling Collection Standards are specific to residential collection, and are in addition to the general collection standards outlined in a previous section. a. Co-mingled Recycling Materials Franchisees shall provide year-round co-mingled recycling collection service. Service shall be provided on the same collection day as solid waste collection and yard debris collection, but may not have the same frequency as a customer's subscription to solid waste collection service. b. Source-Separated Materials The Franchisee shall also collect the following source separated recyclable materials set out for collection, so long as the materials are properly prepared, separated from solid waste, co-mingled recycling and yard debris, and placed at the appropriate point of collection: 1) Approved glass materials 2) Used motor oil (contained as approved by Franchisee) c. Opportunity to Recycle The Franchisee shall create and maintain a communications, education and outreach plan consistent with the Customer Services Standards section of this document ensuring public awareness of the opportunity to recycle including recycling information, clear instructions on preparation of recyclables for curbside collection, how the materials are being recycled and a telephone number/website for information regarding recycling collection service. d. Residential Recycling Containers The Franchisee shall provide a co-mingled roll cart and glass recycling bin to the customer within seven business days after a customer initiates service if not transferred between customers. Roll carts shall be labeled to identify approved recycling materials. The City Administrator or designee shall have the opportunity to review approve the type and style of all bins. Such approval shall not be unreasonably withheld if Franchisee- proposed roll cart is of a conventional design and manufacture currently in predominant use on the West Coast of the United States. e. Deposit for Bins/Lost or Stolen Bins Franchisees may not charge a deposit for the recycling roll cart or bin, but may charge customers an approved replacement fee for lost or stolen bins. Rules 8 CITY OF ASHLAND 6. Transportation and Marketing of Recyclable Materials The Franchisee is responsible for transporting and marketing source-separated materials for recycling by ensuring that all collected recyclables are delivered to a processor or broker of recyclable materials or to an end-use market. The Franchisee shall be prohibited from delivering or causing to be delivered any collected recyclable material for disposal, except by prior approval of the City Administrator or designee. Placement of properly prepared recyclables into any container currently being used to contain Solid Waste, including the compartment of a collection vehicle currently being used for solid waste, shall constitute a failure to comply with this standard. 7. Residential Yard Debris Collection Standards The following Residential Yard Debris Collection Standards are specific to residential collection, and are in addition to the general collection standards outlined in a previous section. a. Yard Debris Collection Schedule Franchisees shall provide year-round yard debris collection service at the same frequency as a customer's subscription to co-mingled recycling collection service. Service shall be provided on the same collection day as recycling and solid waste collection. b. Yard Debris Containers Franchisees shall collect all properly prepared yard debris in a Franchisee- provided roll cart. Yard debris must comply with the material and preparation standards outlined in the definition of Yard Debris. 1) All customers receiving weekly solid waste collection service shall receive a yard debris cart upon request. This yard debris cart will be provided by the Franchisee at no additional charge. Collection of yard debris will be subject to the charges shown on the current approved rate schedule. 2) Franchisees may not charge a deposit for roll carts for any level of service, except as provided in Special Billing for Credit Risks. 3) Franchisees may charge customers for lost, stolen, or damaged carts at 100% of the bulk purchase price of a new roll cart most recently paid by the Franchisee. The Franchisee is responsible for replacement of carts damaged in the course of normal wear and tear. 9. Transportation and Marketing of Yard Debris The Franchisee shall transport and market source-separated yard debris for recycling by ensuring that all yard debris is delivered to a City-approved yard debris processor. The Franchisee shall not deliver or cause to be delivered any Rules - 9 CITY OF ASHLAND collected yard debris material for disposal, except by prior approval of the City Administrator or designee. A Franchisee's placement of source separated yard debris into any container currently being used to contain solid waste, including the compartment of a collection vehicle currently being used to contain solid waste, shall constitute a failure to comply with this standard. 10. Improperly Prepared Solid Waste When the Franchisee encounters improperly prepared garbage, such as garbage which contains hazardous or otherwise unacceptable material, garbage which is too tightly packed to fall from the cart, or unbagged animal waste or kitty litter, the Franchisee shall collect only properly prepared garbage if feasible and leave the improperly prepared material.. The Franchisee is required to provide written notice to the customer of the reason for non-collection. The date, service address and Franchisee contact information shall be provided on the notice. The Franchisee shall retain a copy of the notice and any needed support documentation. 11. Improperly Prepared Recyclable Materials a. Collect Only Properly Prepared Materials A Franchisee shall collect only properly prepared recyclable material placed at Curbside, and shall leave at curbside the improperly prepared material or materials. b. Customer Notification When a Franchisee encounters improperly prepared recyclable materials, Franchisee is required to provide written notice to the customer of the reason for non-collection. The date, service address and Franchisee contact information shall be provided on the notice. The Franchisee shall retain a copy of the notice and any needed support documentation. c. Disposal of Improperly Prepared Recyclable Materials at Customer Request Except at the request of the Customer, the Franchisee shall not mix with Solid Waste any materials placed out as recycling in or next to the recycling bin. If recyclable materials are mixed with solid waste at the customer's direction, then the material may be charged as extra solid waste. 12. Improperly Prepared Yard Debris a. Customer Notification The Franchisee is required to provide written notice to the customer of the reason for non-collection. The date, service address and Franchisee contact information shall be provided on the notice. The Franchisee shall retain a copy of the notice and any needed support documentation. Rules - 10 CITY OF ASHLAND b. Disposal of Improperly Prepared Yard Debris at Customer Request Except at the request of the Customer, the Franchisee shall not mix with Solid Waste any source-separated Yard Debris that was improperly prepared. If the Yard Debris is mixed with Solid Waste at the Customer's direction, then it may be charged as extra solid waste if the volume causes the Customer's next solid waste pick up to exceed the Customer's existing level of service. H. OTHER RESIDENTIAL COLLECTION ACTIVITIES 1. Bulky Wastes Franchisees shall provide for the collection of White Goods or Bulky Wastes within seven business days of a customer's request. Rates shall not exceed the maximum rates set by the Council. 2. Neighborhood Cleanups Upon request by the City Administrator or designee, Franchisee shall participate in official neighborhood/community cleanup events once per year. The City Administrator or designee, in consultation with the Franchisee, will specify materials required to be collected at such events. Collection method (e.g. drop box or door-to-door collection) will be mutually agreed upon between the City and the Franchisee. Expenses incurred in the course of conducting cleanup activities are allowable costs for rate review. 1. COMMERCIAL COLLECTION STANDARDS The following Commercial Collection Standards are specific to commercial collection, and are in addition to the general collection standards outlined in the previous section. 1. Waste Evaluation When a commercial or multi-family customer initiates service, the Franchisee shall offer to perform an assessment of the customer's needs to assist the customer in choosing an optimal combination of solid waste disposal and recycling programs. The assessment should involve questions about the business size, and specific queries to identify waste prevention and recycling opportunities. The results of the assessment should be reflected in the services selected. Assessments shall be maintained at least three years, and updated at the request of the customer at least every three years. Franchisee shall offer solid waste needs assessments to all commercial customers via bill stuffers, advertisements, and Franchisee website a minimum of four (4) times per calendar year. 2. Commercial Containers a. The Franchisee is required to provide roll carts or containers to all commercial customers. When a customer initiates service, the Franchisee Rules 1 CITY OF -ASHLAND shall provide containers to a customer no later than five business days from the time of the customer request. Receptacles shall be designed for safe handling and shall be durable, easy to clean, and be provided with connected lids or covers that can be readily opened. Receptacles shall be clearly identified by displaying the Franchisee name, telephone number and logo prominently and conspicuously on the container. Any additional information, graphics or signage shall be reviewed and approved by the City Administrator or designee. Receptacles must be clean when delivered to the customer. b. Franchisees may not charge a deposit for carts and containers, except as provided in Special Billing for Credit Risks. c. Franchisees may charge customers for lost, stolen, or damaged receptacles at 100% of the bulk purchase price of a new receptacle most recently paid by the Franchisee. The Franchisee is responsible for replacement of receptacles damaged in the course of normal wear and tear. 3. Scheduling The Franchisee and the customer should mutually agree on the collection day(s) and frequency of collection that meets the customer's needs and work into the Franchisee's established routing. 4. Access Containers shall be placed in a readily accessible location on a hard, level surface extending to the street. An enclosure must be unlocked at the time of collection. The driver should not have to push containers more than 25 feet in order to attach them to the collection vehicle for dumping. The Franchisee may cumulatively add City-approved extra distance, gate, or access charges for difficult to reach receptacles. 5. Commercial Recycling Collection Standards The following Commercial Recycling Collection Standards are specific to commercial collection, and are in addition to the general collection standards outlined in a previous section. a. Commercial Recycling Containers The Franchisee shall deliver appropriate recycling receptacles to the customer within five business days after a customer initiates service. The solid waste container rates include a recycling component, and recycling service is therefore provided to the customer at no additional charge. b. Commercial Waste Evaluation The waste evaluation may involve the provision of waste paper collection boxes/bins, roll carts, caged containers, or other standardized receptacles in order to optimize separation of materials for recycling. The Franchisee Rules 12 CITY OF ASHLAND is required to provide adequate training to assist the customer in making best use of the recycling collection system. The evaluation may also include information regarding affiliates or sub-contractors that provide specific waste reduction or recycling services. 6. Transportation and Marketing of Recyclable Materials The Franchisee shall transport and market source-separated materials for recycling by ensuring that all collected recyclables are delivered to a processor or broker of recyclable materials or to an end-use market. The Franchisee shall not deliver or cause to be delivered any collected source-separated recyclable material for disposal, except by prior approval of the City Administrator or designee. A franchisee's placement of properly prepared recyclables into any container then containing Solid Waste, including the compartment of a collection vehicle currently being used to contain solid waste, shall be a failure to comply with this standard. J. MULTIFAMILY SOLID WASTE COLLECTION STANDARDS The following Multifamily Collection Standards are specific to multifamily collection, and are in addition to the general collection standards outlined in the previous section. 1. Waste Evaluation When a customer initiates service, the Franchisee shall offer to perform an assessment of the customer's needs, and assist the customer in choosing an optimal combination of solid waste disposal and recycling programs. The assessment should involve questions about the size of the complex, and specific queries to identify the best location for recycling collection sites or depots. The results of the assessment should be reflected in the services selected. Assessments shall be maintained at least three years, and updated at the request of the customer at least every three years. Franchisee shall offer solid waste needs assessments to all commercial customers via bill stuffers, advertisements, and Franchisee website a minimum of four (4) times per calendar year. 2. Multifamily Solid Waste Containers a. The Franchisee is required to provide roll carts or containers to all multifamily customers. When a customer initiates service, the Franchisee shall provide containers to a customer no later than five business days from the time of the customer request. Receptacles should be designed for safe handling and shall be durable, easy to clean, and provided with connected lids or covers that can be readily opened. Receptacles shall be clearly identified by displaying the Franchisee name and telephone number prominently and conspicuously on the container. Receptacles must be clean when delivered to the customer. Rules - 13 CITY OF -ASHLAND b. Franchisee may not charge a deposit for carts and containers, except as provided in Special Billing for Credit Risks. c. Franchisees may charge customers for lost, stolen, or damaged receptacles at 100% of the bulk purchase price of a new receptacle most recently paid by the Franchisee. The Franchisee is responsible for replacement of receptacles damaged in the course of normal wear and tear. 3. Scheduling The Franchisee and the customer should mutually agree on the collection day(s) and frequency of collection that meet the customer's needs and work into the Franchisee's established routing. 4. Access Container rates assume that containers are located in a readily accessible location or enclosure that is unlocked. The driver should not have to push containers more than 25 feet in order to attach them to the collection vehicle for dumping. The Franchisee may cumulatively add City-approved extra distance, gate, or access charges for difficult to reach receptacles. 5. Multifamily Recycling Collection Standards The following Multifamily Recycling Collection Standards are specific to multifamily collection, and are in addition to the general collection standards outlined in a previous section. a. Multifamily Recycling Containers. The Franchisee shall deliver appropriate recycling receptacles to the customer within five business days after a customer initiates service. The solid waste container rates include a recycling component, and recycling service is therefore provided to the customer at no additional charge. b. Waste Evaluation. The Waste Evaluation may involve the provision of collection boxes/bins, co-mingled roll carts, caged containers, drop boxes, or other standardized receptacles in order to optimize separation of materials for recycling. The Franchisee is required to provide adequate training to assist the customer in making best use of the recycling collection system. 6. Transportation and Marketing of Recyclable Materials The Franchisee shall transport and market co-mingled and/or source-separated materials for recycling by ensuring that all collected recyclables are delivered to a processor or broker of recyclable materials or to an end-use market. The Franchisee shall not deliver or cause to be delivered any collected co-mingled or source-separated recyclable material for disposal, except by prior approval by the City Administrator or designee. A Franchisee's placement of properly prepared Rules - 14 CITY OF -ASH LAN D recyclables into any container other than containing Solid Waste, including the compartment of a collection vehicle currently being used to contain solid waste, shall be a failure to comply with this standard. 7. Collection of Approved Source-Separated Recyclable Material The Franchisee shall collect the following materials set out for collection at multifamily complexes, so long as the materials are properly prepared, separated from solid waste and yard debris, and placed at the appropriate point of collection: 1) Approved glass recycling K. SYSTEM AND EQUIPMENT STANDARDS 1. Vehicle Condition and Maintenance All collection equipment must be maintained and operated in compliance with all local and state statutes, ordinances, and regulations including compliance with regulations related to the safety of the collection personnel and the public. 2. Prevention of Leaking and Spilling Loads. All vehicles shall be constructed, loaded, operated and maintained in a manner to reduce, to the greatest extent practicable, the dropping of, leaking, blowing, sifting or escaping of Solid Wastes, Recyclable Materials, liquids, vehicle fluids, or lubricants from the vehicle, except the normal leakage of fluids typically associated with property maintained vehicles. Leaks due to equipment failure shall be immediately contained and remedied as soon as practicable. 3. Vehicle Inventory The Franchisee shall provide the City Administrator or designee with an inventory of vehicles used within the City. The list shall include vehicle ODOT and Oregon license plate numbers. 4. Vehicle Covers All open-body collection vehicles shall have a cover, which may be either an integral part of the vehicle or a separate cover. These covers shall be used while in transit, except during the transportation of Bulky Wastes. 5. Vehicle Identification All collection vehicles shall bear a unique identifying number, and shall clearly display company identification and contact information prominently and conspicuously on both sides of the vehicle. Any additional information, graphic or signage must be reviewed and approved by the City Administrator or designee prior to installation and use. Before a new or used vehicle is put into service the vehicle must include all required identifications. All vehicles shall have current, valid registration with the State of Oregon and all drivers shall possess a current, valid commercial driver's license if required for the vehicle type. Rules - 15 CITY OF ASHLAND 6. Compliance with Law The Franchisee shall comply with all applicable federal, state, and local laws and regulations relating to driving, transportation, and Waste and Recyclable Material collection and disposal. 7. Processing and Storage Yards Any processing and storage of collected materials shall be undertaken in a location suitable and adequate for such activity. Processing and storage facilities shall comply with all applicable zoning ordinances and any other applicable local and state statues, ordinances and regulations. 8. Facilities for Storage, Maintenance and Parking Facilities for storage, maintenance, and parking of any collection vehicles, receptacles, or other equipment shall comply with all applicable zoning ordinances and any other applicable local and state statues, ordinances and regulations. 9. Compactors Stationary compactors for handling solid waste shall comply with applicable federal, state and local safety regulations. No such compactor shall be loaded so as to exceed the safe loading design or operation limits of the collection vehicles used by the Franchisee. Compactors shall comply with all local, state and federal weight regulations or standards. A person who wishes services for a compactor should, prior to acquisition of such compactor, inquire of the Franchisee as to compatibility with the Franchisee's equipment or equipment that the Franchisee is willing to acquire. In the event a weight violation occurs, all costs associated with such violation shall be the individual responsibility of both the generator and the owner of the compactor. The generator shall be responsible for insuring compatibility with the Franchisee's equipment and all cost of retrofitting any collection equipment shall be the responsibility of the owner of the compactor. L. INFECTIOUS AND HAZARDOUS WASTE 1. The Franchisee shall provide for collection of medical and infectious waste either through its own forces or by subcontract with a qualified disposal firm for this service. In either case, the Franchisees and their subcontractors shall conform to all rules and laws including, but not limited to, those of the State of Oregon applying to the collection, transportation, storage, treatment, and disposal of medical and infectious wastes. 2. The Franchisee is not required to collect hazardous wastes from customers. If a Franchisee identifies a hazardous waste that the customer has placed for collection with solid waste, recyclable materials, or yard debris collection, the Franchisee shall leave the material along with a notice indicating the presence of Rules - 16 CITY OF -ASH LAN D the hazardous material. The Franchisee shall retain a copy of the notice and appropriate supporting documentation. 3. When the Franchisee refuses to pickup due to the presence of a hazardous substance, the Franchisee shall offer the following options once the hazardous materials are removed completely from the Solid Waste, Recyclable Materials and/or Yard Debris: 1) Immediate collection of the Solid Waste, Recyclable and/or Yard Debris for the City-approved Go-back Rate. 2) Collection of the Solid Waste, Recyclable and/or Yard Debris at the discretion of the Franchisee, this collection shall be subject to an extra fee, per the then current approved rate schedule. M. CUSTOMER SERVICE STANDARDS 1. Office Requirements Franchisees shall have office staff or an answering machine or service available to accept Customer calls and complaints at all times. Phone lines must be dedicated customer service phone lines with the Franchisee's business name listed as a business in the telephone directory. 2. Resolution of Customer Complaints and Inquiries a. Response Time Franchisee shall respond to customer inquiries or complaints within 48 hours, not including weekends or holidays. b. Complaint Loe Franchisee shall maintain a record of all complaints made to Franchisee regarding service. This record or complaint log shall include at a minimum the following information: the name, address, and phone number of the complainant, if known; the date of receipt of the complaint; the subject matter of the complaint, the disposition of the complaint; the date of disposition of the complaint, the date and method of notification to the complainant of the disposition. The records of complaints shall be available to the City Administrator or designee for inspection at any time during normal business hours. A copy of the complaint log for the calendar quarter shall be submitted to the City with the franchise payment for that calendar quarter. Complaint records shall be maintained on the Franchisee's premises for two years. 3. Franchisee Demeanor The Franchisee and its employees shall always be courteous in its interactions with customers, and shall not use foul or abusive language. In evaluating complaints regarding discourteous behavior, the City Administrator or designee may base his or her decision on whether or not a reasonable person would find the actions or response of the Franchisee to violate community standards for courtesy. Rules - 17 CITY OF ASHLAND 4. Billing Standards a. Billing Period Except in cases of customers that qualify as credit risks, Franchisees shall bill customers not more than ninety (90) days in advance of the end of the service period or sixty days in arrears of the beginning of the service period. Payments shall not be due more than 31 days before the end of the service period being billed, nor less than fourteen days after the date of the postmark of the billing. b. Billing Contents Billings shall contain the following minimum elements: service address, coverage of dates being billed, and the billing rate for each of the customer's services and level of service. The bill will also contain an aggregated total of all additional charges during a period. c. New Customers or Customers to Whom Service Has Been Suspended New customers that do not meet the credit guidelines submitted by the Franchisee and approved by the City, and customers who require suspension of service for non-payment of account three or more times within a calendar year may be considered credit risks. The Franchisee is responsible to select a credit policy that complies with all laws, and to apply the policy uniformly throughout its customer base. d. Credit Risk Customers Franchisees may handle credit risk customers in one of two ways: Advance Billing: Franchisees may require credit risks to pre-pay up to three months in advance of service, and continue to perform service for prepaid service up to one year. After one year of prompt payment, the customer must be reclassified to regular status. Deposit: A Franchisee may charge a deposit of three month's revenue. The deposit must be returned to the customer after twelve months of consistent prompt payment. e. Late Fees/Service Charges Franchisees may assess late fees and service charges, including interest and other charges related to the cost of collecting overdue payments on accounts not paid by their due dates. Such charges shall be reasonable and approved by the City Administrator or designee in advance. Charges may not be imposed earlier than ten days before, the end of the service period being billed, or ten days after the due date, whichever is later. 5. Refusal of Service Franchisees may refuse collection service to any customer if the customer has not paid a bill unless the customer has initiated a formal dispute within thirty (30) Rules - 18 CITY OF ASHLAND days of the billing due date. In no event, however, shall a Franchisee suspend service without first notifying the customer in writing not less than seven business days prior to the date of intended suspension of service. The Franchisee may assess and receive City-approved re-start and collection fees from the customer prior to resuming service. 6. Responsibilities for Customer Education/Promotion The Franchisee shall assist in the development and participate in promotion and education efforts as outlined below. 7. New Customer Information Franchisees shall provide each new customer with information that is reasonable to permit the customer to make a reasoned choice of service. Franchisees shall actively assist the customer in making the final selection. Within seven business days of a customer's initial call, a Franchisee shall offer the customer printed material describing the levels of service and rates and/or refer the customer to the Franchisee website for complete service information. 8. Distribution of City-provided Informational/Educational Materials Franchisees shall coordinate with the City Administrator or designee for the distribution of City-provided information and education notices to all customers including customers whose service is provided monthly, on-call and to residents of rental property. 9. Notice of Change in Schedule Franchisee shall provide notice of changes in regular collection schedules or any other pertinent information with a minimum notice of fourteen (14) business days. Notice shall be in the form of written material sent via regular first class postal service or via email notification if applicable. 10. Coordination with City Franchisee shall notify the City when considering Franchise-wide promotional or educational activities, and provide the City Administrator or designee with advance copies of materials for review and approval prior to distribution to customers. N. CUSTOMER RESPONSIBILITIES 1. General Customer Requirements a. All residential, multi-family and commercial properties in the city shall provide for collection of solid waste, recyclable materials and yard debris in accordance with Ordinance No 2013- b. Except as otherwise provided by a written agreement between the landlord and tenant, the owner of any residential or multi-family dwelling complex who resides, rents, leases or lets dwelling units for human habitation shall: Rules - 19 CITY OF ASHLAND (1) Subscribe to and pay for collection service with the franchisee on behalf of his/her tenants or, if the dwelling complex contains four or fewer units, self-haul solid waste to an approved disposal facility; (2) Provide a sufficient number of receptacles of adequate size to prevent the overflow of solid waste, recyclable materials and yard debris from occurring. Receptacles shall be placed in a location accessible to all dwelling units; (3) Provide for sufficiently frequent, but at least weekly, collection of solid waste and recyclable materials, except for compactors, which shall be collected at least every fourteen (14) days; and (4) If the dwelling complex has four or fewer units and the owner is self-hauling solid waste, provide for the same level and frequency of collection of recyclable materials and yard debris as are required of Franchisee serving residential customers 2. Residential Placement of Receptacles and Materials Residential customers are required to place materials for collection at the appropriate point of collection as described in the Collection Standards section. Customers should place receptacles so that they do not block sidewalks, driveways, public streets, or other rights of way. Residential receptacles must be placed prior to 7:00 am on their collection days. Customers in areas where Franchisee have automated collection shall be expected to make reasonable accommodations to place carts and park cars so as to reduce interference with automated collection equipment. It is the Franchisee's responsibility to educate customers about the necessary accommodations. Receptacles must be removed from the curb and into the customer's yard area within 24 hours from the time of collection. 3. Commercial Set Out Location Commercial and multifamily customers shall set solid waste, recyclable materials, and yard debris receptacles at a location that is readily accessible and safe to empty or load, that does not require a Franchisee to go up and down stairs, and that is agreed upon by the Franchisee and the customer. 4. Recycling to Set Out in Recycling Bins Recyclable materials shall be placed in co-mingle roll carts or recycle bins/containers that clearly segregate them from Solid Waste or other materials the customer does not want to discard. 5. Secure Lightweight Materials Lightweight materials such as ashes, Styrofoam "peanuts", kitty litter, and sawdust shall be placed in a tied or sealed bag or box and placed securely within a closed container to minimize dispersion prior to and during dumping into the Rules - 20 CITY OF ASHLAND collection vehicle or container. Failure to comply is a violation of Ashland Municipal Code 9.08 and subject to penalties described therein. 6. Contents of Carts/Containers Must Fall Freely Contents of Solid Waste or Yard Debris carts/containers must fall freely. The Franchisee shall not be responsible for digging the contents out of a cart or container. 7. Weight Limits Contents of receptacles must fall freely. Franchisees are not responsible for digging the contents out of receptacles. The following table describes approved weight limits: Size/Type Maximum Weight (Including Container) U to and including 32 gallon carts 65lbs. Franchisee-provided carts over32, up to I00lbs. and Includin 64Gallons Franchisee-provided carts over64, up to 145 lbs. and including 96 Gallons Containers equal to or greater than I cubic 250 lbs. Per cubic yard and and less than 10 cubic yards Containers greater than 10 cubic yards Weights subject to Franchisee Truck Capacity Compacted Containers 500 lbs. Per cubic and 8. Responsibility to Separate Overweight or Overfilled Contents When containers are overweight or overfilled, it is the customer's responsibility to separate wastes into additional receptacles or bags so that weight limits are observed and container is not overfilled. The additional receptacles or bags are subject to extra charges as applicable. 9. Preparation of Recyclable Materials Customers shall prepare recyclables in accordance with City-approved instructions provided and published by the Franchisee. 10. Preparation of Yard Debris The customer shall place yard debris in provided roll carts. 11. Infectious Waste Setout Infectious wastes, including hypodermic needles, must be placed in appropriately marked containers. Customers shall not place these items into roll carts or containers for collection of Solid Waste, Recyclables or Yard Debris. Customers must contact the Franchisee to determine proper disposal options. 12. Hazardous Waste Rules - 21 CITY OF ASHLAND Customers shall take appropriate actions to ensure that hazardous materials, chemicals, paints, corrosive materials and hot ashes are not put into a receptacle for solid waste collection. 13. Unacceptable Waste The customer shall not place unacceptable materials in solid waste receptacles. Unacceptable materials include: oils, fats, and other liquids generated by commercial entities, semi-solid wastes, hazardous wastes, and flammable materials. The customer should contact their Franchisee for information on proper disposal. 14. Payment Responsibility Customers must pay their invoices within the due dates specified by the Franchisee, as long as the Franchisee has submitted a collection plan with the City and has received the City's approval of the plan. Customers who do not pay the amount due within terms are subject to stopped service and collection actions. 15. Notification of Missed Collection or Billing Errors Customers are responsible for prompt notification of the Franchisee when problems arise such as apparent missed collections or billing errors. Customers must notify the Franchisee regarding obvious billing errors, such as improperly charged extras, within 60 days of receipt of an original invoice in order to receive credit. Customers may not deduct from payment for past missed pickups. 16. Vacation Credit The customer is responsible for requesting a vacation credit from the Franchisee. Vacation credits are available only for periods of at least two weeks, and must be requested at least 48 hours in advance of the first pickup that is scheduled during the vacation period. 0. REPORTING TO THE CITY 1. Equipment and Depreciation Franchisee shall describe the methodology use to set the standard economic lives of equipment based upon industry input and prevailing practices and provide such reporting to the City Administrator or designee for review and approval with methodology. 2. Annual Reports The Annual Report will ask Franchisees to detail Revenues and Expenses (allowable and unallowable), in an income statement format, and provide a variety of information about customer counts, cost allocation, customer classifications, service levels, disposal volumes, and recycling activities. The majority of expenses incurred by a collection company can be associated with one of the following key allocation bases: Rules - 22 CITY OF ASHLAND a. Truck Hours-The number of hours that collection vehicles are operated within an area throughout the year. b. Labor Hours-The number of paid hours for collection personnel. c. Customer Count-The number of customers within each customer classification at each Service level. d. Disposal Volume-The number of yards or tons collected within an area or by customer classification e. Revenue-The amount of revenues generated within an area, service, program or customer classification. 3. Quarterly Studies Franchisees may be required to conduct semi-annual studies of each route for two weeks to determine relative truck, labor, and disposal amounts or ratios to be used in allocating expenses to the Franchisees' various operating areas. Franchisee must make these studies or ongoing allocation programs available for inspection by the City per the Access For Inspection provision of this ordinance. Franchisees will use the key allocation information to allocate shared allowable expenses. The City will determine the revenue and expense detail items and the associated allocation bases to be used for allocation of each item. 4. Cost Allocation of Operations In addition to the results of operations within the City of Ashland, Franchisee shall report totals for all operations that share significant operational, management, and administrative expenses with the Ashland Franchise. Resources allocated from regional or corporate offices or affiliates shall be distributed to appropriate expense line items, and shall also be disclosed in a schedule describing total allocations and their distribution to individual expense line items. All allocations from Affiliated Companies must be described and must be equal to or less than the fair market value of similar goods and services purchased from a third party. 5. Program Meetings As scheduled by the City Administrator, Franchisee shall attend program status meetings. The City will provide reasonable advance notice of required meetings by facsimile, email, or mailed notices. Rules - 23 CITY OF ASHLAND Council Communication September 17, 2013, Business Meeting A Resolution Approving a Jackson County Order to Initiate Formation of an Agricultural Extension Service District FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The Jackson County Commissioners have agreed to the formation of the Jackson County 4-H, Master Gardener and Agricultural Extension Service District. Approval of the attached resolution would allow the City of Ashland to be included in this district. The Jackson County Board of Commissioners plans to place a measure on the May 2014 ballot asking the voters of each city included in the district to establish a permanent tax rate limit of $0.05 per $1,000 of assessed value for the district's operations. If the Council does not adopt this resolution, Ashland citizens will not be able to vote on that measure and Ashland will not be part of the district. BACKGROUND AND POLICY IMPLICATIONS: At the August 6, 2013, business meeting, Council approved a resolution endorsing the formation of the Jackson County 4-H, Master Gardeners, and Agricultural Extension Service District at The Friends of Research and Extension's request. District formation involves the circulation of a petition and gathering a certain number of signatures of registered voters before a district formation and funding measure can be referred to the ballot. Later in the month, the Jackson County Commissioners agreed to formally initiate the formation of the Agricultural Extension Service District, for approval by vote at the May 2014 election. Because the Commissioners are forming the district, the petition is not required, but any city wishing to be included in the district needs to approve the Jackson County Order to Initiate. The attached resolution approves the Order to Initiate and includes the City of Ashland in the proposed district. If the Council does not adopt this resolution, Ashland citizens will not be able to vote on that measure and Ashland will not be part of the district. Approval of the formation of the district will be on the May of 2014 ballot, with a proposed permanent tax rate limit of no more than $0.05 per $1,000 of assessed value for properties in the district. FISCAL IMPLICATIONS: No fiscal impacts to the City of Ashland budget, however, if the ballot measure passes as proposed a permanent property tax of $0.05 per $1,000 of assessed value will be added to the general government _ tax rate paid by all property owners in the City of Ashland. STAFF RECOMMENDATION AND REQUESTED ACTION: None. Pagel of 2 ~r, CITY OF ASHLAND SUGGESTED MOTION: I move to approve the resolution titled, "A resolution approving a Jackson County Order to Initiate Agricultural Extension Service District and consenting to the inclusion of City Territory within the boundaries of the district." ATTACHMENTS: Resolution Proposed Jackson County Order Feasibility Study Page 2 of 2 ~r, RESOLUTION NO. 2013- A RESOLUTIONAPPROVING A JACKSON COUNTY ORDER TO INITIATE FORMATION OF A JACKSON COUNTY AGRICULTURAL EXTENSION SERVICE DISTRICT AND CONSENTING TO THE INCLUSION OF THE CITY OF ASHLAND WITHIN THE BOUNDARIES OF THE DISTRICT RECITALS: A. The Jackson County, Oregon, Board of Commissioners intends to form a county agricultural educational extension service district under the authority of ORS 451.010(1)(i). The name of the proposed district is the Jackson County 4-H, Master Gardener and Agricultural Extension Service District (hereinafter "District"). The proposed District would have authority to fund agricultural and extension educational program activities for all county residents. B. The Jackson County Board of Commissioners may initiate the formation of the District by adopting an order under authority of ORS 198.835. The Board proposes to include all county territory within the boundaries of the proposed District. C. Jackson County voters will be asked to establish a permanent property tax rate limit of $.05 per $1,000 for the District's operations as authorized by ORS 451.547. D. The territory of the City may only be included within the boundaries of the District if the City Council adopts a resolution approving the proposed County order initiating the formation of the Jackson County 4-1-1, Master Gardener and Agricultural Extension Service District. The proposed order is attached hereto. E. The City Council believes an extension service district will improve opportunities to meet the needs for youth, family, community and natural resources informational services for all City residents. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland hereby consents to the inclusion of all the territory of the City within the boundaries of the proposed Jackson County 4-1-1, Master Gardener and Agricultural Extension Service District, and approves the Jackson County Board of Commissioners' proposed order initiating the formation of that district in substantially the form attached hereto. This resolution was duly PASSED and ADOPTED this day of 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder Resolution No. 2012- Page 1 of 2 SIGNED and APPROVED this day of 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney 2- 091713 Agricultural District.Res.dOCXG:\IegaIWAUL\FORMS\resolution form.wpd BEFORE THE BOARD OF COMMISSIONERS OF JACKSON COUNTY FOR THE STATE OF OREGON IN THE MATTER OF INITIATING FORMATION ) OF A JACKSON COUNTY AGRICULTURAL ) ORDER NO. EXTENSION SERVICE DISTRICT ) WHEREAS, for nearly 100 years, Oregb'n State University has partnered with Jackson County, through the Jackson County Extension Service "Extension Service"), to provide objective, research-based, scientific information to support Jackson ounty's farmers, gardeners, orchardists, and vineyardists; and WHEREAS, the Extension Service deSendSo-acounty, federal and state funds to provide a funding base for its operations; and WHEREAS, like many counties in Oregon, Jackson County is facing significant budget constraints due to the loss of certain ?M%eral fu ding streams and is unable to continue providing financial support to the Extension Service; and WHEREAS, wi hout direct financial support from Jackson County, the Extension Service reports it will nable to continue its operations in Jackson County; and W!%4744[ ES, a citizens group, the Friends of Research and Extension (FORE), has asked the Jackson County Board of Commissioners to initiate the formation of an agricultural education vice district, with a permanent property tax rate limit, to assure the Extension Service and its many programs will have stable funding to continue providing educational resources, applied research and support for sustainable agriculture practices to the citizens, agricultural enterprises and businesses of Jackson County. Now, therefore, The Board of Commissioners of Jackson County (Board) ORDERS: ORDER INITIATING SERVICE DISTRICT FORMATION - Page I of 3 I . The Board intends to initiate formation of an agricultural extension service district to serve Jackson County pursuant to ORS 451.010(1)(i) and ORS Chapter 451, which is the principal act governing the formation of such a district; and 2. The name of the proposed district is the Jackson County 4-H, Master Gardener and Agricultural Extension Service District (hereinafter "District"); and 3. The boundaries of the District shall include all territory within Jackson County, less the territory within any incorporated city that chooses not to be part of thelI -istrict; [/f any city opts out, the following language would be inserted into the final order "The city or cities choosing not to be included within District territory are: list.]; and 4. As required by ORS 198.835(3), certified copieof City Council Resolu ions of each city approving this Initiation Order and formation of theaDistrict are attached` ands 5. The District will have the general powers granted by ORS Chap et r 451 (the "Principal Act") and the specific powers granted by ORS 451.550. The Distrfft will provide agricultural educational extension services as permitte~y ORS 010p9) i); and 6. The Jackson County Board ofi'Commissioners,wilI serve as the governing body of the District as required by ORS 451.485; and 7. Jackson County voters will lie asked to establish a permanent property tax rate limit of $.OS per $1,000 for the District's operations asauthorized by ORS 451.547. The District will have authority to levy and collet geneArVal property taxes up to the approved rate limit to fund its operations. 8. Pursuant (CRS 1 , a public hearing on the formation of the Jackson County 4-H Master Gardener and Agricultural Extension Service District shall be held at the Board's regular meeting on December 18, 2013, beginning at 9:30 a.m., in the auditorium of the Jackson , ounty Courthouse; 1'0 S. Oakdale, Medford, Oregon 97501. All interested persons may appear and be heard. At this hearing, the Board will hear testimony and receive written comment on the proposed formation of this District, including information about county Extension programs and volunteer efforts; agricultural, forestry and natural resource research needs; economic feasibilliity; and the permanent tax rate limit. At the conclusion of the hearing, the Board shall determine, in accordance with criteria described in ORS 198.805 and 199.462, whether Jacllso"n County could be benefited by the formation of the agricultural extension service district and wheMO errr the County should continue with the formation process. c ORDER INITIATING SERVICE DISTRICT FORMATION - Page 2 of 3 9. Notice of the hearing shall be provided to interested persons in accordance with ORS 198.800(2) and 198.730. DATED this day of , 2013. JACKSON COUNTY BOARD OF COMMISSIONERS Don Skundrick, Chair w John Rachor, Commissioner Doug Breidenth'al, Commissioner APPROVED AS TO FORM: 1 County Counsel ORDER INITIATING SERVICE DISTRICT FORMATION - Page 3 of 3 Feasibility Study for a Jackson County 4-H, Master Gardener, and Agricultural Extension Service District Introduction The federal Smith-Lever Act of 1914 established a system of cooperative extension services to be delivered through land grant universities by university agents in individual counties of states with land grant institutions. The county extension agent and county extension services were the result of this legislation. The Act mandated that such services be funded by a combination of federal, state, and county monies. For nearly 100 years, Oregon State University has had a partnership with Jackson County to extend the knowledge of the land grant university to the citizens of this county. The Jackson County Extension Service was created in 1914 to support local agricultural interests. Since that time, services have expanded in response to the needs of both urban and rural citizens of the County. In 1911, prior to the Smith-Lever Act, the Southern Oregon Experiment Station was established to deliver objective, research-based scientific information to support Jackson County's farmers, orchardists, and vineyardists. Today, the Experiment Station helps agriculturalists develop the best sustainable practices in their fields, and contributes to their remaining competitive in a global economy. Together, the Extension Service and the Experiment Station form the Southern Oregon Research and Extension Center (SOREC), although they continue to maintain separate missions and budgets. Since the inception of the Extension Service and SOREC, Jackson County has provided significant financial support and other assistance to those programs. Even though Jackson County has provided only about 11 % of Extension's budget in recent years, this funding is vital as a match for the federal and state dollars invested in Jackson County through SOREC. Without it, the matching funds cannot be invested and Extension cannot exist. The agreement between Jackson County and the Branch Experiment Station was that Jackson County would provide the land and buildings at no cost to develop the local Experiment Station, and the Director of Branch Stations would provide state and federal funds to hire the researchers to be housed at the station and funding to run the station. As of July 1, 2013, Jackson County reduced its financial contributions to half of what is needed to operate minimum service levels. Like many counties in Oregon, Jackson County is under severe budget constraints. In 2006, the Board of County Commissioners (Board) and the County Administrator, understanding that the County's commitment to SOREC was critical to its existence, moved the Extension operational budget from the general fund ledger to the economic development section of the County budget. This shift was intended to render the SOREC budget less vulnerable to budget cuts. Unfortunately, the recent financial crisis forced the Budget Committee and Board to consider cuts to SOREC and numerous other County- funded programs to reduce the drain on the County's budget reserves. Early in 2013, in its initial recommendations, the Budget Committee of Jackson County recommended the complete defunding of SOREC. This would have resulted in the closure of Extension and nearly all of its many programs. At its May 22, 2013 meeting, the Board voted to reinstate funding for SOREC for six months, at the Extension Administrator's recommended level for 2013-14. At this time, funding to support SOREC's operations for the remaining six months of the 2013-14 fiscal year, and in future years, is uncertain. Because of the many vital services provided to the citizens and businesses of Jackson County by both the Extension Service and Experiment Station at SOREC, it is critical that a sustainable, secure and steady funding source be found. This feasibility study details SOREC's contributions to Jackson County, its relationship to other county service providers, and the feasibility of creating sustainable funding through the formation of a service district. SOREC's Role in Jackson County SOREC is located on Hanley Road near Central Point. It supports programs of practical and relevant interest to citizens in both rural and urban environments in Jackson County. Programs and program staff are valued and trusted by the community because of their responsiveness to the issues that most strongly resonate within the community. Both of SOREC's units serve as front doors to Oregon State University, Oregon's land grant university, and its resources. SOREC makes the research and knowledge base of OSU available in communities throughout the County, a role it has played since the early 1900's. Extension's resources and programs center on building and strengthening sustainable communities and economies, sustaining natural resources and agriculture, and enhancing the health of youth, families, and older adults. Information is disseminated by SOREC staff via workshops, classes, tours, and demonstrations. This high-quality, research-based information meets the community's demand for reliable, easy-to-access education for an increasingly diverse, growing and changing population, providing lifelong educational opportunities. SOREC's professional staff works cooperatively with numerous community partners. In addition, staff members develop and train a network of volunteers that expands the reach of services into all corners of the County. Volunteers are trained as 4-H Leaders, Master Gardeners, Master Woodland Managers, Land Stewards, Master Food Preservers, and as educators in healthy aging. In 2012, this combination of professional staff and trained volunteers enabled SOREC to make more than 42,000 contacts with county residents. SOREC's Extension activities in Jackson County are currently organized into the following program areas, each of which provides a combination of educational programs and skill development activities and information services, supplemented by a vast library of user-friendly publications and web-based resources: 4-H Youth Development • Club projects in civics and leadership, science and technology, animal husbandry, natural science, horticulture, and expressive arts • After-school and summer youth natural resource programs • County Fair and Spring Lamb Show • Interstate Exchange • Leadership development retreats • OSU Summer Conference • Know Your Government program • 4-H Leader volunteer program Livestock and Forage • Beef and sheep production, marketing, nutrition and reproduction • Pasture and hay soil management • Hay testing and feeding regimen assistance • Noxious weed management and pesticide safety • Soil testing and fertilization recommendations Feasibility Study-Approved 6-27-2013 Page 2 Forestry and Natural Resources • Silviculture (forest tending), reforestation, forest health, forest ecology, timber harvesting and marketing, tax mitigation, habitat development, watershed management, vegetation management, tree physiology, pesticide safety • Wood products and biomass utilization • Tree health advice and forest management plan development • Tree School • Master Woodland Manager volunteer program • Land Stewards volunteer program Horticulture • Commercial horticulture problem-solving, production education, marketing, food storage, food safety, and integrated pest management • Water-wise plant selection and water conservation, pruning and grafting, landscape maintenance, efficient use of fertilizers and pesticides • Impact of water on grape production and wine quality • Wine-grape industry marketing • Youth natural resource education • Horticultural problem solving and Plant Clinic • Urban Master Gardener education and volunteer program Nutrition and Food Science • Food preparation, safety and preservation • Nutrition education • Pressure canner testing service • Master Food Preserver volunteer program Healthy Aping • Living Well health and wellness education • Living with chronic conditions • Strong Women specialized exercise program Collaboration with Other County Agencies While other organizations and agencies provide educational services in Jackson County, Extension is unique in its scope and capacity. Consider the following examples: The public schools in Jackson County educate youth; Extension's 4-H Youth Development Program provides an array of after-school, in-school and club-based learning opportunities that build leadership skills, foster responsibility, engage youth in citizenship, and enhance their appreciation of natural resources and our environment. According to the Report of the Findings from the First Eight Years of the 4-H Study of Positive Youth Development (Tufts University and the National 4-H Council, 2012), youth in 4-H programs are: h. • 3.5 times more likely to contribute to their communities; • 1.5 times more likely to have positive youth development; • 1.6 times more likely to go to college; • Less likely to develop depressive symptoms and delinquent behavior. Rogue Community College provides higher education and workforce training opportunities in automotive, manufacturing, medical and other non-agricultural fields; SOREC brings cutting-edge Feasibility Study-Approved 8-27-2013 Page 3 research knowledge to farmers, ranchers, foresters, and other natural resource managers, and helps them integrate this information into their production and marketing efforts. SOREC: • Educates new landowners on farming and forestry practices, horticultural commodities and cropping systems specific to this area; • Emphasizes sustainable and organic production; • Provides innovative problem-solving techniques and alternative pest control; • Disseminates information and resources on emerging production practices and technology; • Advises on business plan development and direct marketing; • Supports local food production; • Promotes water quality and watershed health and management; • Preserves and conserves open space by protecting agriculture's viability in the region and evaluating alternative land use. The County's Health and Human Services Division, and our local health care industry provide services to treat health conditions; SOREC's food safety and Living Well programs help Jackson County residents avoid food-related illnesses, take advantage of our abundant, locally-grown produce, and help our senior citizens to maintain a healthier life. SOREC: • Provides unduplicated health promotion and prevention programs for aging adults; • Offers Living Well programs which reduce emergency room visits and result in fewer healthcare provider visits; • Helps food pantry clients stretch their limited food dollars and enjoy a healthier diet. Various state, federal and county agencies provide technical and financial assistance to landowners and enforce land use regulations; SOREC works proactively to teach landowners best management practices that maintain productivity and financial viability on a sustainable basis-a major contribution to Jackson County's economy. SOREC connects our community to OSU and its resources by providing: • Staff members who know the needs of this community because they live and work here, and are passionate about what they do; • Timely responses to questions and applied knowledge and skills as it has for more than 100 years; • Explanation and implementation of new and complex technologies that respond to the needs, conditions and opportunities of this region; • The belief that when the community is successful, SOREC is successful. The scientists of SOREC's Southern Oregon Experiment Station support the Extension mission by conducting applied research in the areas of tree fruit pathology, horticulture, viticulture, and integrated pest management, and disseminating that information to local agricultural producers. SOREC staff members also support the County's small farms, whether long-established or newly launched. This service is highly relevant in this community that highly values safe, sustainable, healthy, local food production and the protection of our farmlands. SOREC's research activities in Jackson County that support the local Extension Service mission and the programs identified above are currently organized in the following areas: Pathology-Horticulture Program Feasibility Study-Approved 8-27-2013 Page 4 • Problem-solving research, and extension outreach education to develop and implement strategies for managing diseases and disorders in fruit production with minimal use of pesticides • Opportunity-creating research to introduce new methods to increase fruit quality, expand marketing, or increase production efficiency Viticulture Program • The newest program at SOREC, its current focus is on improving production efficiencies, irrigation, integrated pest management, canopy management, plant nutrition and vineyard mechanization, while encouraging responsible natural resource management • Extensive cooperation with the Southern Oregon Wine Grape Association to enhance local viticulture and enology Pest Management Program • Development of ecologically sound methods to manage insect and mite pests • Outreach education for growers to speed the implementation of effective new methods to manage pests • Development of alternatives to conventional broad-spectrum pesticides • Field-tests of new technologies and products • Design of appropriate pest monitoring techniques • Outreach education to enable local growers to make need-based pest control decisions SOREC serves county residents across all age groups, social classes, occupations and avocations. In 2012, the Southern Oregon Research and Extension Center delivered more than 1,000 high-quality educational programs, workshops, and projects that reached more than 42,000 residents. More than 2,000 youth from 4th through 12th grades participated in SOREC's 4-H youth development programs. SOREC is also an important information broker to the entire community. If SOREC's faculty, staff or volunteers can't answer a question, they refer it to someone who can. Partnership Opportunities SOREC staff members work hard to use limited funding resources effectively. They look for opportunities to extend program reach through partnerships with other organizations and by reducing duplication of programs and projects. Jackson County Funding Situation SOREC depends on county, federal and state funds to provide the funding base for its operations. In recent years, Jackson County funds have provided about 11 % of the budget for Extension and the land and buildings occupied by SOREC have been provided rent-free. Prior to July 1, 2013, the County's financial contributions funded building and grounds maintenance, custodial service, clerical support and various operational costs for SOREC. As of this writing, Jackson County Commissioners are now asking SOREC to pay maintenance fees for the buildings and grounds it occupies. Federal and state governments support specific projects with grants, and pay a portion of the statewide programs and faculty salaries. Since the early..1900's, Oregon State University has maintained this partnership among the government agencies here in Jackson County, but as revenues have shrunk at all levels of government, OSU and Jackson County are unable to provide previous levels of funding. SOREC Funding Options Grant writing, fees for services and generation of local program support are a regular component of SOREC faculty members' jobs, yielding about $600,000 annually for SOREC programs and accounting Feasibility Study-Approved 8-27-2013 Page 5 for about 30% of program resources. Although it might appear that shifting more efforts toward writing and obtaining grants would be an option, in all likelihood such a shift would result in a dramatic change in emphasis in order to meet narrowly-defined grant requirements. This change in focus would markedly decrease programs and service to the residents of Jackson County. It has also been recommended that SOREC increase revenue by collecting more money from its various program associations, soliciting donations from the community, conducting raffles, and/or charging more for services and classes. However these sources of revenue are not sufficient to backfill the county general fund dollars that have supported SOREC for the past 100 years. The Friends of Research and Extension (FORE), a diverse group of stakeholders from this county, has reviewed many options to provide a secure and sustainable funding source for SOREC. This group has determined that it is necessary to ask the citizens of Jackson County to support the formation of a county service district. This district would have an associated tax base specifically dedicated to the support of all of the Extension Service programs in Jackson County. The district would provide operations support for the SOREC office including office, lab and equipment space; secretarial support; program assistance; program supplies; utilities and equipment; and the maintenance of equipment and buildings. SOREC Capacity for Expanded Community Service FORE has reviewed SOREC programs and activities, and has identified a number of issues to which SOREC is well-positioned to respond. These include supporting rural economies dependent upon agricultural and wood products industries, facilitating interactions in the rural/urban interface to resolve potential frictions, supporting an increasing number of older adults in our population, promoting the sustainable management of natural resources, and building on family values to provide positive youth development activities. Extension stakeholders have consistently rated youth development as a high priority for faculty staffing, followed closely by agriculture, forestry, food and food safety, and healthy living. Faculty positions, funded by state and federal dollars, provide programming in these areas, but are dependent upon County-based or community-based resources for program support. Proposal The Friends of Research and Extension group recommends that SOREC maintain its offices at the current location, and that programs continue in 4-H youth development, natural resources and forestry, family community development (food safety, nutrition and programs for aging), viticulture and horticulture (both urban and commercial agriculture) outreach and applied research. FORE recommends that a service district be formed to provide local support for SOREC's operations, including funding (initially) two full-time secretaries, program assistants, summer program aides, and a building/property manager. FORE also recommends that the service district provide funding for management and maintenance of the buildings, farm equipment and grounds at SOREC's location on Hanley Road in Central Point. District Governance Funds collected by the service district would be used solely in support of SOREC programs that qualify for service district funding, including a wide array of Extension educational programs responding to local needs, and the research activities that inform those programs. SOREC would continue to provide services through a memorandum of understanding with Oregon State University and the district. The County Board of Commissioners would be the service district's governing body, as required by statute. Summary OSU, through its Extension Service and Branch Experiment Station, provides valued non-formal education, applied research, and a wealth of practical information to Jackson County residents. These Feasibility Study-Approved 8-27-2013 Page 6 services have been supported in part by direct financial support from the county general fund for the past 100 years. To assure that the Southern Oregon Research and Extension Center and its many programs will have stable funding and will be able to continue to provide educational resources, applied research and support for sustainable agriculture to the citizens, agricultural enterprises and businesses of Jackson County, the Board recommends that a measure to form this service district and to provide a permanent tax base be placed on the May 2014 ballot in Jackson County. The service district would be funded by a permanent tax rate limit of up to $0.05 per $1,000 of assessed value to provide operating support for the OSU educational and research activities and programs that qualify for service district funding in order to ensure that the Experiment Station and the Extension Service can continue to serve the citizens of Jackson County. This rate would result in a maximum yearly fee of about $8.45 for the average home in Jackson County with an assessed value of $169,000. 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